RAMESH SINGH Vs. SOOD SABHA SHIMLA (REGISTERED)
HIGH COURT OF UTTARAKHAND
Sood Sabha Shimla (Registered)
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Rajesh Tandon, J. -
(1.)HEARD Sri Sarvesh Agarwal, counsel for the Appellant and Sri Sharad Sharma, counsel for the Respondents. As both the second appeals have been filed against a common order, therefore, the same are decided together.
FACTUAL MATRIX of THE CASE:
(2.)BY the present second appeals filed under Section 100 of the Code of Civil Procedure, the Appellant has prayed for setting aside the judgment and decree dated 20.04.2007 passed by the Addl. District Judge/IIIrd Fast Tack Court, Haridwar in Civil Appeal No. 36 & 37 of 1998 Dr. Ramesh Singh v. Manager Meharchand Sood Dharamshala and another.
Briefly stated, so far as Second Appeal No. 61 of 2007 is concerned, a suit was filed by the Plaintiff -Respondent being Civil Suit No. 123 of 1981 Ramesh Chandra v. Manager Meharchand Sood Dharamshala and another praying for permanent injunction restraining the Defendant from interfering in his possession.
(3.)SO far as Second Appeal No. 60 of 2007 is concerned, another suit was filed by the Plaintiff -Respondent being Suit No. 188 of 1987 claiming the eviction of the Defendant as well as damages for use and occupation of the premises in dispute. Both the suits were decided together. Suit of Ramesh Chandra was dismissed, whereas suit for eviction of Sood Sabha was decreed. However, both the Appeals being Appeal No. 36 of 1998 arising out of Suit No. 123 of 1981 and 37 of 1998 arising out of Suit No. 188 of 1987 were decided together. Both the appeals were dismissed.
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