DEVKINANDAN Vs. CIVIL JUDGE SENIOR DIVISION

JUDGEMENT

(1.) The writ petition has been filed for a mandamus directing the respondents 2,3 and 4 to help the respondents 5 to 8 to interfere in the peaceful possession of the petitioner over the shop in dispute. It has also been prayed that the respondent no. 1 be directed to open the lock placed on the shop of the petitioner and to ensure that the injunction order dated 4.7.2001 in suit no. 308 of 2001 is complied with.

(2.) Heard learned counsel for the parties. The petitioner has alleged that he was a tenant of a shop called 'Bhaiyaji General Store' in Gautam Buddha Nagar. It is alleged that this shop was owned jointly by respondent 5,6,7 and 8 who entered into a family settlement whereby the respondent no. 6 became the sole owner of the said shop and a room which is situated on its western side. The petitioner purchased this shop from the respondent no. 6 vide sale deed executed on 18.4.2001 by the respondent no. 6 in favour of the petitioner. True copy of the sale deed is Annexure 3 to the writ petition.

(3.) In paragraph 11 of the writ petition it is stated that on 17.6.2001 the respondent no. 5 and 7 sent hooligans (gundas) and anti social elements to vacate the shop and hence the petitioner submitted a complaint before the S.H.O. Dadri, Gautam Buddha Nagar but nothing was done. True copy of the complaint dated 23.6.2001 is Annexure-7 to the writ petition.