REFLEX INDUSTRIES Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for a mandamus directing the respondent Nos. 1. 2 and 5 to release the petitioner's, factory at D-100 Sector II, NOIDA, District Gautambudh Nagar and to restrain respondents from interfering with the petitioner's business carried out in the aforesaid factory.

(2.) Heard learned counsel for the parties.

(3.) The facts of the case are that respondent No. 3 Smt. Poonam Suri purchased the industrial plot in question along with building thereon from the previous owner M/s. Wazid Sons Exports Ltd., New Delhi by a registered sale deed dated 23.6.1987. The respondent No. 4 was allegedly in occupation of the said premises as tenant under its earlier owner M/s. Wazid Sons Exports Ltd. and as such he became the tenant of the respondent No. 3 by operation of law. The respondent Nos. 3 and 4 decided to enter into fresh terms of tenancy and as such executed a registered lease deed dated 17.7.1987 with respect to the aforesaid disputed plot on a monthly rent of Rs. 10,000 vide Annexure-1. Respondent No. 4 who was only the tenant of respondent No. 3 handed over possession of the disputed premises to respondent No. 3 on 10.4.1997 and respondent No. 3 obtained possession certificate. Hence respondent No. 3 came into possession of the disputed premises w.e.f. 10.7.1997.