MUNICIPAL COUNCIL Vs. LEKH RAJ

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by the learned first Appellate Court on 27.8.2008, whereby on an application filed by the plaintiff-respondents under Order 39 Rules 1 and 2 of the Code of Civil Procedure, it was ordered that the possession of the plaintiffs is not that of rank trespasser and the defendants could seek eviction of the plaintiffs in due course of law.

(2.) The plaintiff-respondents filed a suit for permanent injunction along with an application for ad-interim injunction. It was pleaded that the plaintiffs are statutory tenants under the Municipal Council since the year 1976. At the time of inception of tenancy, the rate of rent was Rs. 250/- per month, which is now Rs. 1005/- per month. Therefore, it was alleged that the plaintiffs are in possession of the suit property and cannot be dispossessed by force, whereas the officers of the defendants are harassing the plaintiffs without any justification and causing obstructions in the running of the business of the plaintiffs.

(3.) In the written statement, the stand of the defendants was that the land in question was given to the plaintiffs on Teh Bazari for exhibiting Rehris on Old G.T. Road and not for constructing any type of shop etc. The plaintiffs have constructed two shops measuring 6' x 3' over the drain/water channel, illegally, unauthorisedly and without the permission of the Municipal Council and without getting any site plan sanctioned. It was also pleaded that at the property in dispute is a public premises and the provisions of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short 'the Act') do not apply.