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ROHIT B. DEO
Vashishata Projects – Appellant
Versus
Indubhushan – Respondent


Advocates Appeared:
M.G.Sarda, Advocate

JUDGMENT

1. The petitioner is the plaintiff in Regular Civil Suit 6/2021 instituted against the respondents herein seeking a decree for permanent injunction restraining the respondents from disturbing his peaceful possession over the suit land, without due process of law.

2. The petitioner and the respondents shall be hereinafter referred to as plaintiff and defendants.

3. The plaintiff averred to have accepted the execution of rehabilitation and up-gradation of Arvi - Talegaon road and to the said end to have obtained the leasehold rights of land admeasuring 1.5 acre from survey 131/1/C vide agreement dtd. 17/5/2019. The plaintiff then claimed to have converted the lease land from agricultural to non-agricultural and to have set up plant and ancillary machinery, described in Annexure A.

4. The plaintiff claimed to be in possession of the lease property and averred that on 25/1/2021, the defendant had attempted to forcibly dispossess the plaintiff.

5. Perusal of the cryptic plaint reveals that the plaintiff did not disclose that the period of lease expired on 16/4/2020.

6. The plaintiff preferred an application under Order 39 Rules 1 and 2 read with sec. 151 of the Code of Civil Pro

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