GEMINI CONTINENTAL P LTD Vs. DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) S. H. A. Raza, J. Respondent No. 3 Sikander Ali filed a suit bearing No. 43 of 1993 in the month of January, 1993 against two persons, namely, Begum Sayeeda Wajahat H :sain and Mr. Abdullah alias Waliullah claiming possession and recoveryof Rs. 5,42,819.

(2.) INITIALLY, the contention of the plaintiff in that suit was that he was the tenant of Begum Sayeeda Wajahat Hussain over a portion of land in which there were certain constructions ; but he was wrongly dispossessed on 29th August, 1994 with the collusion of the defendants of the suit who got the son of plaintiff arrested in a criminal case and forcibly took over the possession of the shop.

(3.) PLAINTIFF asserted in the amended plaint that, he had never seen the face of even any of the Directors of M/s. Gemini Continental (P) Ltd. the petitioner had never met with any of its official. In fact, the petitioner was not aware about the said Company nor he did know about purchase of the suit property by the said company as there had never been any occasion for the plaintiff to enter into any transaction with the said Company. It was asserted in the amended plaint that the plaintiff never surrendered his tenancy. The case of the plaintiff thus appears to be is that the petitioner who had purchased the property stepped into the shoes of Begum Sayeeda Wajahat Hussain being the landlord and hence the plaintiff became the tenant of petitioner, but the plaintiff was dispossessed from the premises without due process of law.