RAJIV LOCHAN PANDEY Vs. MADAN GOPAL SHARMA

JUDGEMENT

(1.) This petition under Art.226 of the Constitution has been filed by Rajiv Lochan Pandey for quashing the ex parte judgment and decree dated May 27, 1986 (Annexure-12 to the writ petition) and judgments and order dated March 7, 1987 and April 29, 1988 (Annexures-15 and 22 to the writ petition).

(2.) The petitioner was the tenant of a portion of bungalow No. 16, Clive Road, Allahabad. Pt. Gopi Nath Kunjuri the owner was residing in the remaining portion. The petitioner has been paying rent of the bungalow since 1970. After the death of Pt. Gopinath Kunjuru in 1982, Madan Gopal Sharma, respondent No. 1, forcibly occupied the portion, which was in possession of Pt. Gopinath Kunjuru without any right or authority.

(3.) The petitioner filed suit No. 777 of 1983 against the respondents Nos. 1 to 4 for permanent injunction restraining them from dispossessing him from the disputed premises otherwise than in accordance with law. Respondent No. 1 Madan Gopal Sharma also filed suit No. 758 of 1983 against the petitioner for permanent injunction. Respondents Nos. 2 and 3 were impleaded as defendants in the plaint. Petitioner contested the suit and filed written statement in the same.