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2005 Supreme(All) 1985

J.C.S.RAWAT
HARI DUTT SHARMA – Appellant
Versus
1ST ADDITIONAL CIVIL JUDGE J D HARIDWAR – Respondent


Advocates:
M.K.GOYAL,

By means of this Writ Petition moved under Article 226/227 of the Constitution of India, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 12-09-2005 (Annexure-5) and formal order (Annexure-6) passed by 1st Additional Civil Judge (J. D.), Haridwar, respondent No. 1.

2. Brief facts giving rise to this writ petition are that the petitioner is a plaintiff before the 1st Additional Civil Judge (J. D.), Haridwar. The petitioner filed a suit bearing No. 423/1991 for seeking injunction against the respond ent Nos. 2 to 4. The petitioner has al leged in his pleading that the petitioner is the tenant in the house of late Pan dit Atma Ram Sharma since more than 40 years. Thereafter Smt. Shakuntala Devi became the landlord and owner of the said property. But no receipt for the rent was given to the petitioner either by the Pandit Atma Ram Sharma or by Smt. Shakuntala Devi. The respondent Nos. 2 to 4 have neither any right nor any title over the property in dispute. The respondents have started threaten ing the petitioner to hand over the pos session of the house to them and threatened to demolish the said house. The petitioner filed a








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