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2016 Supreme(All) 366

SUNEET KUMAR
MUSHARRAT ALI – Appellant
Versus
PAWAN KUMAR – Respondent


Advocates:
Counsel :
Rahul Srivastava for the Petitioners; Bhuvnesh Kumar Singh and Chandan Sharma for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—The plaintiff-applicants have approached this Court assailing the judgment and order dated 3 December 2015 passed by the Additional District Judge, Court No. 5, Bijnor in Appeal No. 15 of 2015 and Appeal No. 16 of 2015 (Pawan Singh and others v. Musharrat Ali and others), whereby, the order passed by the trial Court granting injunction to the applicants has been set aside.

2. The defendant-respondents are owner of agricultural land being Khasra No. 149 ad-measuring 2.659 hectare, which was granted to the applicants No. 1 and 2 by father of respondent Nos. 1 to 6 through a contract (Theka) dated 26 August 2004 for a period of 10 years for setting up brickkiln. The contract is an unregistered document. In the plaint it was averred that upon expiry of the term of the lease, the applicants with the consent of the respondents, enhanced the rent to Rs. 18000/- and renewed the lease till 2024. It was further contended that the applicants are in possession over the property. The respondents contested by filing written statement and counter claim. The trial Court allowed the interim injunction application restraining the respondents from interfering with the











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