Sujit Narayan Prasad, J. - (1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India whereby and whereunder the petitioner being aggrieved with the action of the Sub-Divisional Officer, Dhanbad by virtue of decision taken therein on 09.04.2019 as contained in Memo No.424 by which his shop has been sealed in connection with the execution of decree passed in Title Suit No.273 of 2011 for execution of the decree passed in execution Case No.185 of 2015 has been filed.
(2.) The brief facts of the case and as per the pleading made in the writ petition is that petitioner was tenant of the respondent No.6 and took the shop on rent and carrying out his business under the name and style of "New Shalini Medicals" since 1999. The respondent No.6 has purchased the 6 Katha land in question by registered sale deed no.6135 and 6125 from one Subhash Kumar Gupta on 28.09.1994 and 27.09.1994 respectively and the respondent No.7 also claims of purchasing of 2 Katha land in the said land by sale deed No.9096 dated 27.06.2011 and as a result of said dispute the respondent No.7 has filed the title suit being Title Suit No.273 of 2011 praying therein inter alia for a decree of recovery for possession of the land area 2 Katha, and structures. The said title suit was contested by the respondent No. 5 and 6 and finally it was decreed in favour of the respondent No.7 on 08.07.2015 against which, first appeal has been filed being First Appeal No.82 of 2015 by the defendant Nos.5 and 6 but the same was dismissed on 09.02.2016, thereafter, the second appeal has been filed being Second Appeal No.160 of 2016 by the respondent Nos.5 and 6 which is lying pending before this court.
(3.) The petitioner's case is that he has entered into an agreement on 17.12.2016 for creation of tenancy and therefore he being a tenant of respondent No.7 whereby and whereunder the shops have been sealed by the respondents, therefore is not sustainable. Mr. Pasari, learned counsel for the petitioner has relied upon the judgments rendered by the Hon'ble Apex Court in the case of V. Dhanapal Chettiar Vrs. Yesodai Ammal, 1979 4 SCC 214 and Indian bank Vrs. Nippon Enterprises South and Ors., 2016 15 SCC 79.;