RIYASAT KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The plaintiff-appellant filed a suit before the trial court for injunction to the effect that defendants may be restrained from evicting the plaintiff from plot No. 61/1 measuring 8.11 acres situate in cantonment area. Shahjahanpur. It is admitted case of the parties that the property belongs to respondent No. 1, i.e., Union of India. The plaintiff has set up his case that since the land was leased out by the defendant for a period of five years upto 31st May, 1974 and since the plaintiff has not vacated the land, a notice was served upon him dated 29th April, 1977, directing the plaintiff to remove his effects from the land in dispute and hand over vacant possession by 16th May, 1977, because the plaintiffs lease, has not been renewed from 16th May, 1977. The plaintiffs' case In short is that after expiry of the lease period since the defendants have accepted rent they cannot evict him. As already stated the trial court dismissed the suit holding that in view of provisions of Section 15 of the Public Premises (Eviction of Unauthorised Occupants) Act. 1971, the suit itself is barred as the trial court has no jurisdiction to try the suit. On merits also the trial court has recorded a finding that no lease is subsisting in favour of the plaintiff and after expiry of lease period his occupation over the land is that of an unauthorised occupant for which a notice was also issued on 29th April, 1977, directing the plaintiff to vacate the land by 16th May, 1977. Having not being done so the plaintiff cannot now be granted injunction prayed for. The suit was, therefore, dismissed.

(3.) Aggrieved thereby the plaintiff preferred an appeal before the lower appellate court. The lower appellate court maintained the findings recorded by the trial court and dismissed the appeal.