Allahabad High Court
Kanhaiya Saxena vs Smt. Radha Devi And 7 Others on 10 December, 2019
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- MATTERS UNDER ARTICLE 227 No. - 9464 of 2019 Petitioner :- Kanhaiya Saxena Respondent :- Smt. Radha Devi And 7 Others Counsel for Petitioner :- Sumit Daga Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition has been filed against the orders dated 19.08.2014 passed by the trial court allowing the application for temporary injunction filed by opposite party / plaintiff in Original Suit No. 264 of 2013 as well as against the order dated 17.09.2019 passed by the trial court dismissing Misc. Civil Appeal No 12 of 2014 filed by the petitioner against the order passed by the trial court.
It is apparent from the evidence on record of the courts below that the opposite party / plaintiff was found to be in possession of the suit property. The petitioner claims himself to be the lease holder of the suit property. However, no notice terminating the tenancy of the opposite party / plaintiff was filed before the courts below and the fact that the tenancy of the opposite party was terminated was not recorded in the lease dated 28.07.2011 executed in favour of the petitioner. The trial court has granted a temporary injunction in favour of the opposite party / plaintiff restraining the petitioner to dispossess the opposite party / plaintiff without following the process of law.
There is no illegality in the orders passed by the court below. The petition lacks merit. The petition is dismissed.
Order Date :- 10.12.2019 AS Rathor