HARDEV LAL SHARMA Vs. PATESHWARI ELECTRICALS AND ASSOCIATED INDUSTRIES PVT. LTD. CO.
HIGH COURT OF UTTARAKHAND
Sri Hardev Lal Sharma
M/s. Sri Pateshwari Electricals and Associated Industries Pvt. Ltd. Co.
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(1.) Since the controversy involved in all these Second Appeals is similar. Separate civil suits were filed by the same plaintiff against the defendants in respect of separate property including out-houses situated within the premises of Balrampur House Nainital, therefore, for the sake of convenience they are being decided by this common judgment. All these second appeals are directed against separate judgment and decree dated 25-7-1994 passed by the IV Additional District Judge, Nainital, in separate civil appeal, whereby the appeal preferred by the plaintiff-respondent was allowed, the judgment and decree of the trial court dated 31-3-1989 in each suit was set aside and the suit of the plaintiff-respondent for mandatory injunction was decreed. The defendant in each suit was directed to deliver possession of the property in suit to the plaintiff within a period of two months.
(2.) Brief facts giving rise to the present second appeals are that the plaintiff-respondent herein filed separate suit against each of the defendants for a decree of mandatory injunction that the plaintiff-company is the owner and landlord of the building known as Balrampur House including its outhouses.
(3.) According to the plaintiff-respondent, defendant appellant Haridev Lal Sharma of Second Appeal No. 524 of 2001 is a licensee of Out House No. H.-15 (for short property suit) at the rate of Rs. 30/- per month as licence fee including the electricity and water charges as well as scavenging tax. The defendant is said to have fallen in arrears of licence fee worth Rs. 8940/-.;
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