PAWAN BAWRI Vs. RAMESH BAWRI

JUDGEMENT

(1.) Heard Dr. N. Mozika, learned Sr. counsel assisted by Ms. S.A. Shallam, learned counsel on behalf of the petitioner who has submitted that the petitioner on receipt of the notice issued by Smti. A.M. Pariat, Assistant to Deputy Commissioner, Shillong in Misc. Case No. 121 (T) of 2019 arising out of T.S. No. 38 (T) of 2019 has approached this Court by way of this instant revision petition with a prayer to set aside the said notice and related orders passed in the said Misc. Case.

(2.) Learned Sr. counsel for the petitioner has submitted that the matter relates to a landed property situated at Lachumiere Hills measuring about 2860.28 Sq. Metres more or less. The said land and building belongs to the petitioner herein and also to Smti. Anshu Bawri and Shri. Rishabh Bawri being members of the Hindu Undivided Family (HUF). The top floor of the said building has been allocated to the respondent No. 1/plaintiff. It is also stated that the fourth floor of the building being vacant was available for rent/lease and the proforma respondent i.e. M/S Birla Emporium Pvt. Ltd had contracted to occupy the said portion of the building on a monthly rent of ? 3 lakhs for the period with effect from 1st October, 2019 and expiring on 30th September, 2020. It is also stated that the said proforma respondent/Company had accordingly taken physical possession of the premises on 1 st October, 2019.

(3.) The respondent No. 1/plaintiff had instituted a Title Suit being T.S. No. 38 (T) of 2019 in the Court of the learned Assistant to Deputy Commissioner, Shillong. Along with the said Title Suit, a miscellaneous application being Misc. Case No. 121 (T) of 2019 was also filed by the respondent No. 1 under Order 39 Rule 1 and 2 read with Section 151 CPC with a prayer for ad interim injunction restraining the petitioner or any person or persons claiming through, from or under him from using, occupying, making construction in or in any way interfering with the suit property.