LAWS(ALL)-2015-3-12

MAHBOOB ALI Vs. SURESH KUMAR DIXIT

Decided On March 16, 2015
MAHBOOB ALI Appellant
V/S
Suresh Kumar Dixit Respondents

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan Advocate for the applicant and Sri O.P. Srivastava, learned Senior Advocate assisted by Sri V.K. Dubey Advocate for the respondents on C.M. Application No. 126109 of 2014 for modification/ Correction of the order dated 28.11.2014 passed by this Court.

(2.) In order to decide the controversy involved in the present case it will be appropriate to state some facts, in brief, which are to the effect that initially plaintiff/ tenant filed a suit for a mandatory injunction, restraining the landlord/respondent from forcefully evicting him from the shop in question otherwise than in accordance with law and not to interfere with his peaceful possession, registered as Regular Suit No. 355 of 2011 (Mahboob Ali Kurashi Vs. Suresh Chand Dixit), dismissed by means of judgment and decree dated 21.2.2014.

(3.) Aggrieved by the same defendant/plaintiff filed a Regular Civil Appeal no. 40 of 2014 ( Mahboob Ali Kurashi Vs. Suresh Chand Dixit), dismissed by means of judgment and order dated 18.11.2014.