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2007 Supreme(HP) 388

KULDIP SINGH
Gurnarain Suri and Company – Appellant
Versus
H. P. State Co-operative Bank Ltd. – Respondent


JUDGMENT

Kuldip Singh, J.

1. This appeal is directed against the judgment, decree dated 26.3.2004, passed by learned District Judge, Bilaspur, H.P., in Civil Appeal No. 92 of 2001 setting aside the judgment, decree dated 19.3.2001 passed by learned Senior Sub Judge, Bilaspur in case No. 74-1 of 1998.

2. The facts, in brief, are that the appellant filed a suit for declaration that the order dated 24.6.1991 passed by Collector Sadar, Sub Division, Bilaspur and order dated 12.3.1997 passed by Divisional Commissioner, Mandi are void and not binding on appellant inasmuch as the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (for short 'Public Premises Act') is not applicable, the appellant is a tenant in the suit premises. A decree for permanent prohibitory injunction restraining the respondents from interfering in possession of the appellant has also been prayed. In case appellant is dispossessed from the suit premises during the pendency of the suit then possession may also be ordered to be restored to the respondents.

3. The further facts are that appellant is a tenant under respondents of the front portion of the premises i.e., Shop No. 50-A since 1978 on the groun



























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