BABU RAM Vs. DR. RAM NATH SHARMA

JUDGEMENT

(1.) Heard Sri Akhtar Ali holding brief of Sri Uma Nath Pandey for the petitioner and Sri Yagyavalk Pandey for the contesting respondents.

(2.) This petition has been filed for setting aside the order of Civil Judge (Junior Division) dated 13.5.2011 rejecting the application filed by the petitioner for interim injunction and the order of Additional Sessions Judge dated 2.3.2016 dismissing the appeal of the petitioner filed against the aforesaid order.

(3.) The petitioner filed a suit for permanent injunction restraining the defendants from damaging the house in dispute. Along with the plaint the petitioner has also filed an application for interim injunction with the same prayer. It has been stated by the petitioner that house in dispute belongs to the plaintiff and defendants - 2 and 3. Defendant -1 is tenant in the house in dispute. Although defendant-1 has paid rent up to Dec. 2009 but thereafter he is not paying rent. Defendant-1 wants material alteration of the building in dispute for which he has no right. On these allegation the suit was filed. The suit was contested by Ram Nath, defendant-1 and Sukhbir alias Kashmira, defendant-3. So far as Ram Nath is concerned, he has stated that he is tenant in the premises in dispute for more than 40 years and he admitted that plaintiff and defendants - 2 and 3 were owner of the property in dispute. So far as Sukhbir alias Kashmira defendant-3 is concerned, he has not admitted the ownership of the petitioner. He has stated that house in dispute was property of defendant-3 and petitioner is colluding with defendant-2, wants to grab the property in dispute.