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2010 Supreme(All) 1648
[2010(7) ADJ 13 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI, J.
SIYA RAM ....Plaintiff/Appellant
Versus
NAGAR PALIKA PARISHAD TILHAR AND ANOTHER ....Defendants/Respondents
(Second Appeal No. 647 of 2006, decided on 11th May, 2010)
Advocates:
Counsel :
Manish Kumar Nigam for the Appellant; Prem Chand for the Opposite Parties.
Counsel :
Manish Kumar Nigam for the Appellant; Prem Chand for the Opposite Parties.
Headnote:Licence—Shop on Footpath—Dispossession—Tenancy of—Claimed by plaintiff/appellant not accepted by Courts below and held that he was only a licensee and not a tenant—Plaintiff paid Tahbazari, therefore, his licence expires every day in the evening—Plaintiff was selling sweets on roadside and claims to have inherited from his father since 1955—Till the time, plaintiff had not been dispossessed as injunction and interim order were in his favour—Judgment of lower appellate Court upheld as footpath cannot be allotted to any person or given on licence on payment of Tehbazari—No legal right to occupy footpath meant for public use by pedestrians.
Appeal Dimissed.
