ATMA PRAKASH Vs. RAGHUBIR PRASAD GOEL

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is an appeal by the plaintiff against the concurrent judgment of the courts below holding that the plaintiff was a licensee, whose licence has been revoked by filing a suit, it has been further held that since the licence has been revoked, the plaintiff can be evicted without adopting due process of law as he is a mere trespasser.

(2.) THE plaintiff Atma Prakash filed D. S. No. 90 of 1986, Atma Prakash v. Raghubir Prasad Goel in the Court of Munsif, Roorkee, Distt. Hardwar for a per manent injunction to restrain the defendant from evicting him except in accordance with law and not in an unauthorised manner. THE plaintiff alleged that he was a tenant from the days of Rishipal. Rishipal had transferred the property to the defendant on 16- 10-85 and now the defendant wants to evict him unauthorisedly and unlawfully. THErefore, he prayed that he should be evicted, if at all, only through the adoption of due process of law.

(3.) AGGRIEVED by the judgment of the learned Munsif the plaintiff filed a Civil Appeal No. 40 of 96, which was heared and decided by the learned Civil Judge, Roorkee on 23-9-88, whereby his appeal has been dismissed and the judgment and decree passed by the learned lower court has been affirmed.