A writ petition under Article 227 arose from a civil appeal where injunction was allowed against petitioner. The High Court found no illegality or perversity in conflicting tenancy records and dismissed the petition for lack of merits.
The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- MATTERS UNDER ARTICLE 227 No. - 879 of 2021
Petitioner :- Arvind Kumar Respondent :- Pradeep Kohli And Another Counsel for Petitioner :- Pavan Kumar Mishra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner through video conferencing and perused the record.
The instant petition has been filed assailing the judgment and order dated 01.10.2020 passed by appellate court/Additional District Judge, Deoband, District Saharanpur in Civil Appeal No. 4 of 2020 setting aside the order dated 05.12.2019 passed by Civil Judge (Junior Division), Deoband, Saharanpur in Original Suit No. 6 of 2018 (Pradeep Kohli & another Vs. Arvind Kumar) rejecting the injunction application (6C).
The plaintiff-respondents instituted a suit for permanent injunction against the petitioner not to evict them from the disputed premises except in accordance with law. Trial court rejected the injunction application. In appeal, the injunction application has been allowed.
It is urged by learned counsel for the petitioner that respondents are sub-tenant set up by original tenant, they have no right nor are the tenants.
In the impugned order, it is noted that true copy of the document (11C/3) obtained from Municipality's records shows that from 2012 to 2017 Shadi Lal and father of the respondents' Yashpal were recorded as tenants. It is further noted that both, Shadi Lal and Yashpal, are brothers. The respondent-plaintiffs are sons of Yashpal, the co-tenant.
On specific query, learned counsel for the petitioner has not disputed the document.
Learned counsel for the petitioner failed to point out any illegality, infirmity, jurisdictional error or perversity in the impugned order so as to warrant interference.
The petition lacks merits. Dismissed.
Order Date :- 9.7.2021 P. Sri.
2 issues framed by the court
Whether the High Court should interfere with the appellate court's order allowing the injunction application under Article 227.
Whether the sub-tenants in the suit have any tenancy rights that justify the refusal to grant injunction.
Arvind Kumar
Pradeep Kohli
And Another
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
