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2023 Supreme(SC) 1079

M. M. SUNDRESH, PRASHANT KUMAR MISHRA
Mumtaz Yarud Dowla Wakf – Appellant
Versus
M/s Badam Balakrishna Hotel Pvt. Ltd. – Respondent


JUDGMENT :

M. M. Sundresh, J.

1. Leave granted.

2. A legal journey adopted by the appellant with periodical stoppages orchestrated in the process at behest of respondent no(s). 1 and 2 brought the lis back to the place where it started, forcing it to undertake a fresh guard by the impugned order.

3. This case is a classic example of the unfortunate situation taken note of and lamented by Right Honorable Sir James Colvilbe in General Manager of the Raj Durbhunga v. Maharajah Coomar Ramaput Sing, 1872 SCC OnLine PC 16,

    “These proceedings certainly illustrate what was said by Mr. Doyne, and what has been often stated before, that the difficulties of a litigant in India begin when he has obtained a Decree…”

The situation not only continues but has become more prevalent.

FACTUAL BACKGROUND

4. The appellant being the undisputed owner of the suit property executed a registered lease deed in favour of respondent no. 2. Respondent no. 1 concern is being represented by a person who is the son of the individual (since deceased) who represented respondent no. 2. The period of lease was for 33 years. The suit premises was sublet without permission by respondent no(s). 1 and 2.

5. After the expiry of the

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