LAWS(UTN)-2021-2-18

R.K. SHARMA Vs. STATE OF UTTARAKHAND

Decided On February 15, 2021
R.K. SHARMA Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The petitioner has preferred this writ petition with the following reliefs:-

(2.) The factual backdrops, which engage consideration in the present writ petition are that, the petitioner claims that a registered lease was granted in his favour by the respondents/Irrigation Department as back as on 20.02.1990, though it was granted on an application, which was filed by the petitioner himself and it was limited to subsist for a period from 24.09.1989 to 23.09.1999, in relation to the property, which was described therein.

(3.) It is an admitted case of the petitioner that the said lease, after the expiry of its period i.e. dated 23.09.1999, has not been extended so far and at present he claims his right by tenant by holding over. Though the subject matter of the lease was questioned by the petitioner, when an action was being taken against him, by filing a Suit being Original Suit No. 453 of 1990, Shri R.K. Sharma Vs. Govt. of Uttar Pradesh, which was decreed in his favour on 12.03.2001, and the following decree was rendered by the learned trial Court:-