(1.) Petitioner has filed the Rejoinder affidavit today in the Court. The same is taken on record with the consent of the parties. Writ petition is being heard finally.
(2.) The plaintiff (respondent herein) had instituted Suit being Suit No. 3 of 2012 "Narain Singh Vs. Pooran Singh and another" before the Civil Judge (JD), Ranikhet, for eviction of the defendant-petitioner from the property, which constituted and described in the suit, as to be a disputed shop, which was allotted to the plaintiff-respondent under the provisions of the Govt. Grant Act, of which the defendant-petitioner was a licensee.
(3.) According to the plaintiff/respondent he had applied for grant of lease under Govt. Grant Act before Phargana Adhikari and the same was placed before District Magistrate, Almora as lease of 2 Muthhi of land on plot No. 6 to the plaintiff/respondent on which he has constructed a shop. As the plaintiff and defendant are real uncle and nephew and shop was given as a licensee to defendant to run the shop.