NARAIN DASS Vs. MUNICIPAL COUNCIL, UDAIPUR

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the appellate order dated 29-8-97 passed by the learned Addl. District Judge No. 3. Udaipur in Civil Misc. Appeal No. 230/96 thereby dismissing the appeal filed against the order of dismissal of application of the plaintiff-petitioner under O.39, Rule 1 and 2 read with Sec. 151, C.P.C.

(2.) Briefly stated, the facts giving rise to the petition are as follows :

(3.) The petitioner, as plaintiff, filed a suit for permanent injunction against the non petitioner, who is defendant in the trial Court with the averments that the suit premises which is a plot measuring 25 x 14 fit situated in Udaipur, which was of the ownership of the non-petitioner, was under the use and occupation of the petitioner under a licence granted for the period starting from 1-4-80 to 31-3-81 and that he had deposited the licence-fee prescribed therefor with the non-petitioner up to 31-3-86. However, the non-petitioner served notice dated 14-1-87 thereby calling upon the petitioner to vacate possession of the suit premises and failing which it was further threatened that he would be otherwise forcibly evicted from the suit premises. Along with the suit itself, an application for grant of temporary injunction was also filed before the trial Court.