Allahabad High Court
Smt. Laxmi Gupta vs Vishal Gupta on 11 August, 2010
Author: Prakash Krishna
Bench: Prakash Krishna
Court No. - 4 Case :- WRIT - C No. - 47774 of 2010 Petitioner :- Smt. Laxmi Gupta Respondent :- Vishal Gupta Petitioner Counsel :- Manish Dev Singh Respondent Counsel :- Rajendra Narain Hon'ble Prakash Krishna,J.
Challenging the order dated 30.7.2010 passed by the District Judge, Bareilly in Misc.Appeal No.44/2010 whereby he has allowed the appeal and vacated the interim injunction order granted by the trial Court, the present writ petition has been filed at the instance of the plaintiff.
Smt.Laxmi Gupta, instituted Suit No.24 of 2008 against Surendra Nath Gupta, her brother in law defendant no. 4 and two other persons on the allegations that she is residing in the accommodation in question as a tenant on a monthly rent of Rs.100/-. The said accommodation was constructed by her husband and defendants wants to evict her.
Injunction prayed for was granted by the trial Court but the same has been vacated by the first appellate Court. She placed reliance upon a rent note which is being disputed by the defendants. It has been found that the present petitioner could not place any material to prove her case regarding tenancy. After going through the judgment of the first appellate Court, I find that the finding recorded by it is well considered finding.
The learned counsel for the petitioner has placed reliance upon a judgment of the Apex Court in Rame Gowda versus M.Varadappa Naidu and others 2004 ACJ 632, paragraph 9 in particular. The said decision is not applicable to the facts of the present case as it was rendered under section 6 of the Specific Relief Act which is not so here. There is neither equity nor law in favour of the petitioner.
The petition is dismissed summarily.
Order Date :- 11.8.2010 IB (Prakash Krishna,J)