KAMAKHYA PRASAD AGARWALLA Vs. PRADEEP KUMAR YADAV

JUDGEMENT

(1.) This petition under Rule 36-A of the Rules for Administration of Justice and Police as applicable in the State of Meghalaya read with Article 227 of the Constitution has bsen directed the order dated 15.10.99 passed by the learned Addl. Deputy Commissiotner (Judl), Shillong, in Title Civil Appeal No. 1(T) 1998.

(2.) The learned Addl. Deputy Commissioner (Judl.) by the impugned order dated 15.10.99, passed in Title Civil Appeal No. 1 of 1998 set aside the judgment and decree of eviction of the defendant to the extent that the defendant who was dispossessed, the restored back to possession of the suit premises measuring 6'2" x 3"8" within a period of 3 (three) months. It is pertinent to mention here that the said order of the learned first appellate Court was put into execution and the defendant-tenant who was earlier evicted in execution of the judgment and decree of the learned trial Court was put back into possession.

(3.) Before we examine the legality and validity of the impugned order dated 15.10.99, it is necessary to abreast ourselves with the facts which eventually culminated into this petition.