COLLAGE STREET PUBLICATION PVT LTD Vs. ZAFAR AHMED

JUDGEMENT

(1.) The above appeal of College Street Publications Pvt. Ltd. is directed against a judgment and order dated 23rd June, 2008, passed by learned Single Judge of this Court in G.A. 3248 of 1998 in connection with Civil Suit No. 655 of 1983. By the impugned order the appellant along with a number of persons were evicted from the suit premises. The first respondent is a Receiver appointed by this Court and on his application in connection with the decree passed in the aforesaid civil suit impugned judgment and order was passed.

(2.) Admittedly, the appellant before us is not a party to the suit nor any decree has been passed against him specifically until the impugned judgment and order was passed. It appears from the records though chance was given by the learned Trial Judge to justify its possession and occupation in the portion of suit premises on advise no such justification was placed filing affidavit when the application was heard. Hence technically order was passed without hearing the case and cause of the appellant.

(3.) In this appeal apart from challenging the legality and validity of the aforesaid eviction order the appellant before us has tried to make out case to remain in possession and occupation in the manner as follows: