RAMESH CHANDRA Vs. THAKUR PRASAD

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) PETITIONER has filed this writ petition with the prayer to quash the impugned order dated 26.5.2010 passed in P.A. Appeal No.2 of 2006, Ramesh Chandra Vs. Thakur Prasad and order dated 1.3.2006 passed in PA Suit No.9 of 2004, Thakur Prasad Vs. Ramesh Chandra, annexed as Annexure 1 and 2 to the writ petition. A further prayer has been made in the nature of mandamus directing the respondent not to evict the petitioner in pursuance of the impugned orders and except according to the provisions of law.

(3.) IT is stated that the landlord has various shops, commercial properties and residential houses as detailed in the application appended with the supplementary affidavit; which had not been denied by the landlord in his objection; that the documents filed shows that the landlord is filing income tax return making investments and procuring assets to the tune of more than Rs.30 lakhs annually; that two sale deed executed on 20.6.2002 for consideration worth Rs. 3,43,770/- and 2,86,020/- respectively demonstrate the financial capacity of the landlord; that petitioner had also filed an application under Right to Information Act which was arbitrarily rejected on the ground that the court may summon the information, if required and that the landlord had also given a notice dated 28.8.2002 to one Ravinder Kumar, one of his tenants wherein he has admittedly averred that he is running an utensil shop, whereas in the present proceeding he has denied the same.