MITTAR SAIN Vs. MUNICIPAL COMMITTEE, SADHAURA
LAWS(P&H)-2007-5-104
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 23,2007

MITTAR SAIN Appellant
VERSUS
Municipal Committee, Sadhaura Respondents

JUDGEMENT

VINOD K.SHARMA, J. - (1.) THIS order will dispose of Civil Revision Nos. 3024 to 3026 of 1994, which arise from the same judgment. For the sake of convenience, facts are being taken from Civil Revision No. 3024 of 1994.
(2.) THIS revision petition has been filed against the orders passed by the learned courts below vide which an application moved by the petitioner- plaintiff under Order 39 Rules 1 and 2 read with Section 151 CPC, has been dismissed. The petitioner-plaintiff instituted a suit against the Municipal Committee, Sadhaura, seeking decree for permanent injunction restraining the defendant from interfering in actual physical possession over the shop/khokha, situated at main Bazar Road, within municipal limits of Sadhaura, tehsil Jagadhri and further restraining the defendant from dispossessing the petitioner-plaintiff from the khokha/shop installed in the said property by demolishing the same forcibly or in any other manner whatsoever except in due course of law.
(3.) IT was claimed by the petitioner-plaintiff that he is in possession of the suit property since 1978, which has been taken on rent by the petitioner- plaintiff from the defendant at a monthly rent of Rs. 25/- and he installed a khokha/shop by spending a sum of Rs. 8,000/-, for the construction on it, in which, he has been doing the business of general merchant. It was further claimed that the rent was enhanced from time to time, which is being paid regularly by the petitioner-plaintiff.;


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