NATHU LAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) 1. Heard Sri K.N. Joshi, counsel for the appellant and Ms. Krishi Shukla counsel for the respondents.

(2.) Present appeal has been preferred against the judgment and order dated 25-8-1983 passed by the Civil Judge, Nainital arising out of judgment and decree dated 21-2-1983 passed by the Munsif, Haldwani in Civil Suit No.42 of 1982.

(3.) Briefly stated the appellant/plaintiff instituted a suit for prohibitory permanent in- junction with the prayer that the order dated 9-4-1980 purported to have been passed by the Mandal Engineer-I, Izatnagar, Bareilly communicated to the plaintiff by the defendant No.3 be declared null and void and not binding on the plaintiff and the defendants be restrained permanently from obstructing the peaceful enjoyment by the plaintiff of the premises 15' x 10' under N.E.R. at Kathgodam. The plaintiff/appellant alleged that Railway administration throughout India in general and the N.E. Railway in particular lets out the vacant land in its possession and owned by it to the public on an agreed rent for a variety of purposes. The plaintiff in the year 1977 applied for a plot of land to construct and run his shop on land measuring 15' x 10' and after due scrutiny the Railway authorities accepted the proposal in the month of Oct. 1979 and ordered to the Station Master, Kathogodam by Co-Memo Form ICW/Kgm. No. 773966 dated 20-10-1979 to get deposited the rent of Rs. 135.00 for the said plot of land and accordingly the plaintiff made the said deposit by producing the letter referred to above. Plaintiff after investing a substantial amount built a stall over the land, opened a shop over the 15' x 10' land leased out to him as above and at the end of the year desired his lease to continue further and accordingly applied to the Railway administration. Considering the investment made by the plaintiff and looking to his good behaviour the Railway authorities agreed to continue possession of the plaintiff over his plot of land leased out to him at a rental Rs. 540.00 per year. By a letter dated 20-1-1980, addressed to Station Master, Kathgodam ordered to get deposited from the plaintiff Rs. 540.00 rent for the shop for the calendar year 1980. The plaintiff invested a huge sum on his stall to give a good look to the shop. As the Railway Authorities admitted the plaintiff appellant as a lessee and accepted the rent. the plaintiff is entitled to continue his possession till his lease is determinated in due course of law. Accordingly to the plaintiff he refused to give credit to the Railway employees and, therefore, illegal order has been passed against him to vacate the premises.