SARVAJIT SINGH Vs. III ADDITIONAL DISTRICT JUDGE GHAZIABAD

JUDGEMENT

(1.) ONE aspect of this writ petition needs to be set on record at the outset. The petitioner Sarvajit Singh, respondent no. 3 Ram Lagan Singh and respondent no. 4 Ram Ugrah Singh are brothers ; all sons of Ram Sewak Singh. The issue is, thus, between the brothers.

(2.) SARVAJIT Singh, petitioner, alleges that his brother Ram Gagan Singh, respondent no. 3 is a trespasser on a shop upon which the petitioner is a tenant of Sahakari Ganna Vikas Samiti. Apparently, there must have been differences between the brothers that occasioned an action by way of a suit by SARVAJIT Singh, petitioner seeking possession of the shop with the relief that possession may either be delivered to him or Ram Ugrah Singh, respondent no. 4 who had been arrayed as defendant no. 2 in the suit. In effect, it comes down to this : that the two brothers desired possession of the shop by seeking eviction of the other brother Ram Lagan Singh, respondent no. 3.

(3.) THE petitioner as plaintiff filed objections upon the restitution sought. After hearing the parties the Munsif by his order of 3 February 1986, granted restitution. THE petitioner-plaintiff challenged the order granted restitution before the District Judge, Ghaziabad, in appeal. THE appeal was heard by the 3rd Additional District Judge, who by order dated 25 April 1986 affirmed the Munsif's order by which restitution under Section 144 of the Code had been permitted.