UTTAR PRADESH RAJYA SADAK PRIVAHAN NIGAM THRU REGIONAL MANAGER Vs. ADDITIONAL DISTRICT JUDGE COURT NO. 1 FAIZABAD AND ANR.

JUDGEMENT

(1.) Heard Sri Akhtar Abbas, learned counsel for the petitioner and Sri Anurag Srivastava, learned counsel who has put in appearance on behalf of opposite party no. 2.

(2.) A suit for eviction and compensation and damages towards occupation was filed by opposite party no. 2 before the Court of Judge, Small Causes, District Faizabad in respect of the property i.e. house no. 19 situated at Mohalla Lajpat Nagar, Faizabad and a prayer for eviction was specifically made for the same very house in prayer clause (1). An amount of Rs. 15000/- was claimed by the plaintiff for damages and compensation towards occupation of property pending the proceedings. The suit was contested by the petitioner i.e. UPSRTC which is a public undertaking. After exchange of pleadings, the suit was decided in favour of opposite party no. 2 by judgement dated 1.4.2013. All the issues were decided in favour of opposite party no. 2 and the order passed by the court of Judge, Small Causes directed the eviction of the petitioner specifically from house no. 19 situated in Mohalla Lajpat Nagar, Faizabad.

(3.) The decree drawn between the parties on the basis of judgement/order dated 1.4.2013 is also in respect of the same very property i.e. house no. 19 situated in Mohalla Lajpat Nagar, Faizabad. The judgement and order dated 1.4.2013 was challenged before this Court in Civil Revision No. 84 of 2013 but the same was dismissed by this Court vide order dated 25.9.2014 and in this manner, the judgement passed by the court of Judge, Small Causes on 1.4.2013 coupled with the decree has attained finality.