LAWS(HPH)-2013-4-96

VARINDER KUMAR Vs. KAMLA SETHI

Decided On April 10, 2013
VARINDER KUMAR Appellant
V/S
KAMLA SETHI Respondents

JUDGEMENT

(1.) The challenge in the present appeal is to the order dated 15.01.2013, passed by the learned District Judge, in pending Civil Suit No.5 of 2012, inter se the parties filed by the appellant seeking injunction against his forcible dispossession, from 'Hotel Kalinga' situated in Manali on Kanyal Ranghari road, wherein an application, under Order 40 Rule 1 read with Section 151 of the Code of Civil Procedure for the appointment of receiver, moved by the defendant was allowed by the learned District Judge, Kullu.

(2.) In short, the facts giving rise to the present appeal can be stated thus. The respondent herein, vide agreement dated 15.05.2007, leased out the above hotel to the appellant for a period of five years commencing from 16.05.2007 to 15.05.2012 on an annual lease amount of Rs. .25 lacs vide written agreement/deed, whereas the claim of the appellant is that the lease-deed was for ten years and not for five years. Further alleged in the suit that he had renovated the hotel and spent an amount of Rs. .11 lacs, apprehending the forcible dispossession by the respondent he prayed for injunction. It is informed that the respondent-owner had also filed the suit for possession which is subjudice.

(3.) The respondent offered strong resistance to the injunction suit on the ground that the lease was for a period of five years and on its expiry on 16.05.2012 appellant has no legal and contractual right to remain in possession. Since the suit would take time in its disposal, thus prayed for the appointment of receiver to take over the suit property as the appellant is illegally grabbing the income and apprehended damage to Hotel property so that it is properly managed, accounts are maintained and other income of the hotel is also accounted for, so that it could be later released to the person found entitled.