- (1.)SHRI A. D. Mishra, learned counsel for the petitioner. SHRI B. N. Misra, learned Government Advocate for the State of M. P. SHRI Rahul Rawat, learned counsel for the respondent Nos. 2 to 4.
(2.)AGGRIEVED of the action of the respondents 2 to 4 in dispossessing the petitioner from the Municipal shop bearing No. A/17 situated at Bus stand Multai District Betul, the petitioner, the sub-lessee in the occupation of said shop has filed this petition under Article 226/227 of the Constitution of India.
Undisputed facts are that the Shop No. A/17 situated at Bus stand Multai District Betul belongs to Nagar Panchayat, Multai and was auction leased in favour of one Madan Mohan Shivhare who let out the same in favour of the petitioner for an alleged premium sum of Rs. 80,000/- on 5-7-1995. The petitioner thereon established a tailoring shop. The said Madan Mohan died on 25-5-1997.

That, after the death of Madan Mohan some dispute arose between the petitioner and the legal heirs of late Madan Mohan and the Nagar Panchayat. As after the death of Madan Mohan, the petitioner was threatened a forceful eviction and non-recognition of the petitioner as lessee. This action led to filing of civil suit for declaration and permanent injunction by the petitioner.

(3.)THE suit forming subject-matter of CS 14A/97 was decreed on 31-1- 2004 in favour of the petitioner and against the legal heirs of Madan Mohan and the Nagar Panchayat Multai in the following terms :- JUDGEMENT_492_MPLJ3_2010Image1.jpg
The judgment and decree dt. 31-1-2004 was affirmed in appeal preferred by the legal heirs of late Madan Mohan was dismissed on 29-3-2005. No appeal was preferred by Nagar Panchayat, Multai which allowed the same to attain finality.