IQBAL AND 3 OTHERS Vs. STATE OF U.P. AND 3 OTHERS
LAWS(ALL)-2015-9-287
HIGH COURT OF ALLAHABAD
Decided on September 14,2015

Iqbal And 3 Others Appellant
VERSUS
State of U.P. and 3 Others Respondents

JUDGEMENT

Manoj Kumar Gupta, J. - (1.) The petitioners instituted Original Suit No. 35 of 2015 for permanent injunction restraining the defendants from interfering in their possession and in their right to raise constructions over the suit property. According to the plaint case, the petitioners purchased the suit property by five different sale-deeds from Ansar Ahmad and others. It is admitted in the plaint that portion shown with letters E D G H in the plaint map was given to the police on license. It is however, alleged that the license of the defendants was revoked by the erstwhile owner on 10.6.2005 orally and thus, the defendants have no concern with the suit property. However, they are wrongly interfering in the possession of the petitioners and in their right to raise constructions over it.
(2.) The suit was contested by the defendants, interalia, on the plea that the suit property is being used as a Police Chowki for last 50 years and is in tenancy of the police department on payment of Rs. 21/- per month as rent. It is further pleaded that the premises is still being used by them as Police Chowki and the same has not been shifted to any other place, as contended by the plaintiffs.
(3.) During the pendency of the suit, the petitioners filed an application for temporary injunction, which was allowed by the trial court by order dated 28.2.2015 and the defendants were restrained from interfering in the possession of the petitioners, except in accordance with law.;


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