Pankaj Mithal, J. - (1.) HEARD Sri Rahul Srivastava, learned Counsel for the plaintiff -appellant and Shri Govind Saran, who has accepted notice on behalf of respondent Nos. 1, 2 and 3 and learned Standing Counsel for respondent No. 4.
(2.) PLAINTIFF -Appellant filed a suit for mandatory injunction claiming that the respondents be directed not to realise any licence fee from him without adjusting the licence fee already paid by him up till the year 1993. The aforesaid suit was filed on the allegation that the plaintiff -appellant was given licence by the Railways to use a certain piece of land on payment of licence fee of Rs. 300/ - per year in the year 1980. The Railways took back the possession of the said land in the year 1993, therefore, the demand of licence fee as per notice dated 17.5.2000 demanding licence fee at the enhanced rate upto 17.5.2000 is illegal. The suit of the plaintiff -appellant was dismissed vide Judgment and order dated 15.9.2008 and the same has also been upheld in appeal.
(3.) AGGRIEVED by the aforesaid judgments, orders and the decree of the Courts below, the plaintiff appellant has preferred the Second Appeal.;