(1.) HEARD Ms. Menka Tripathi, Advocate for Appellant and Mr. Arvind Vashist, Advocate for Respondents.
(2.) THIS appeal has been preferred against the judgment and order dated 23 -03 -2009, passed by 3rd Additional Civil Judge (Senior Division), Dehradun, in O.S. No. 435 of 2008, M/S Allied Photographics v. Smt. Umakant Shukla and others, whereby the application moved by Plaintiff for grant of temporary injunction 6 -C/2 was rejected.
(3.) THE Defendant No. 1 did not file any objection. However Defendant No. 2 filed W.S. and denied the averments of the plaint. He alleged that UPSIDC has executed lease deed in favour of Defendant No. 2 and Defendant No. 3, also cancelled the lease deed dated 16.12.2006 executed in favour of Plaintiff. Defendant No. 2 also alleged that he is in possession of land and the Defendant No. 1 is in possession of the land in the capacity of a lessee. The allegation of Defendant No. 2 is that Defendant No. 1 is the employee of the Plaintiff company and he is representative of the company and the Defendant No. 2 has no concern with the differences between the Plaintiff and its representative Defendant No. 1.