ABDUL HUSSAIN Vs. MANSOOR ALI

JUDGEMENT

(1.) IN the instant writ petition order dated 10-7-07 has been assailed which has been passed by Addl. District Judge, Burhanpur in C.S. No. 23-A/07. Application under Order 7 Rule 11, CPC has been considered by the Trial Court. Trial Court has ordered as possession has been sought from the licensee after termination of the licence, it would be necessary to make the valuation of the property on the market rate and make the payment of Court fees accordingly. Final order under Order 7 Rule 11 (b), CPC has not been passed. Plaintiff has assailed the aforesaid interlocutory order in the instant writ petition.

(2.) FACTS in short giving rise to the instant writ petition are that plaintiff has filed the suit for mandatory injunction valuing it at Rs. 52,000/-. It has been averred that the defendants were not having any right, title or interest in the house with effect from 31-1-1917. There is pleading with respect to C.S. No. 6-A/49 in which a compromise decree was passed on 17-4-1961. The defendants were in occupation as licensee. They were asked to handover the vacant possession, but it was not handed over, ultimately the licence was terminated on 31-8-05 and defendants were required to vacate the accommodation. It is further submitted that defendant Nos. 1 to 4 had prayed 10 months' time to deliver vacant possession, but they failed to handover the vacant possession, ultimately registered notice was served on 2-4-07 to revoke the licence and to handover the vacant possession by 30th April, 2007, suit was filed on 19-5-07.

(3.) ON the other hand, Shri Avinash Jargar, learned Counsel appearing for respondents has placed reliance on a decision in Jiyajeerao Cotton Mills Ltd. Vs. Gokulchand Pande, AIR 1956 Madhya Bharat 47.