Rakesh Sharma, J. - (1.) Heard learned Counsel for the appellant and perused the judgments rendered by the Trial Court and the First Appellate Court as well as gone through the materials on record.
(2.) Plaintiff-appellant, Anand Kumar, who claims himself to be a tenant of the land in dispute, a plot of land adjacent to a Shiva Temple, situate at Thakurdwara, Dashna Gate, Ghaziabad, had instituted a Suit seeking permanent injunctions against the defendants. According to him, his structure/construction was being removed from the land in dispute without following due process of law. Before this Court, learned Counsel for the appellant has placed reliance on the judgments reported in AIR 1972 SC 2299, M. Kallappa Setty v. M.V. Lakshminarayana Rao , and AIR 1984 Punjab and Haryana 262, Sadhu Ram v. Gram Panchayat , in order to buttress his submission that a person cannot be evicted from a land without following due process of law.
(3.) The Trial Court had decreed the suit. On Appeal, the First Appellate Court had reversed the findings of the Trial Court. The First Appellate Court has held that the appellant, Anand Kumar, was neither a tenant nor a licence or was ever allowed to occupy the land in dispute. The First Appellate Court has taken note of the facts and circumstances of the case that the appellant had, in fact, made encroachments by making grass roof on pillars illegally on the land of Shiva Temple managed by a Trust. It was pleaded in the written statement that the appellant was using the Temple's land for keeping his buffaloes and carrying out dairy operations. Specific pleadings were taken in Paragraph 18 of the written statement, which has been placed on record as Annexure-2 to the affidavit filed in support of the Stay Application seeking interim relief.;