Rakesh Tiwari, J. - (1.) Heard Counsel for the parties and perused the record.
(2.) Brief facts of the case are that the petitioner filed suit No. 407 of 1992, Nezamuddin v. Shakoor Ahmad, restraining the respondent not to interfere in the possession of the residential accommodation of the petitioner as he is tenant of the house of the respondent situate at village Chadhaury Sarain Nai Basti, Budaun.
(3.) It appears from the record that the suit was fraudulently filed by the petitioner stating that he apprehends that he will be evicted in unlawful manner from the accommodation in dispute, which is under the tenancy of the defendant.;