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2006 Supreme(P&H) 3424

S.N.AGGARWAL
S. S. Ansari – Appellant
Versus
Ansal Properties and Inds. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Sh. Gurinder Pal Singh, Advocate.
For the Respondent:Sh. Hemant Saini, Advocate.

JUDGMENT

S.N. Aggarwal, J. - The petitioner was appointed as Supervisor by the respondent-company. He was allotted a house bearing No. C-1596, Sushant Lok, Phase-1, Gurgaon, where he is residing with his family. The petitioner had been making the payment of maintenance charges, electricity bills etc., regularly and had also got installed a telephone. The services of the petitioner were terminated by the respondent-company vide letter dated 30.4.2003 (Annexure R-2) with effect from 1.5.2003. The petitioner issued the demand notice and filed a complaint before the Labour Officer-cum-Conciliation Officer, Gurgaon. On 19.5.2003 the respondent-company issued a letter to the petitioner to vacate the suit premises i.e. House No. C-1596, on which the petitioner filed a civil suit for permanent injunction against the respondent-company seeking to restrain the respondent-company or its officers to dispossess the petitioner from the house in dispute, illegally and forcibly.

2. An application for interim stay was also filed under Order 39 Rules 1 and 2 read with Section 151 CPC to seek protection of his possession during the pendency of the civil suit. The said trial Court dismissed the applica
















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