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2016 Supreme(All) 4060

MANOJ KUMAR GUPTA
Rajdhari Kushwaha – Appellant
Versus
Civil Judge (S. D. ) – Respondent


Advocates Appeared:
For the Petitioner: S.K. Tiwari

JUDGMENT

Manoj Kumar Gupta, J. -- The petitioner instituted a suit for permanent prohibitory injuction restraining the defendants from interfering in his possession in regard to a shop allegedly allotted in his favour by the defendant respondents. During the pendency of the suit, he moved an application seeking permission of the trial Court to deposit monthly rent in the Court. The application was opposed by the defendants contending that there is no provision whereunder, the petitioner could be permitted to deposit the rent in Court. It was further contended by the defendants that the suit itself is based on mala fide considerations inasmuch as, the period for which allotment of the shop was made in favour of the petitioner had expired and , thereafter, proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were initiated against him and are pending before the Estate Officer. In order to create unnecessary complications in the smooth conduct of those proceedings, the petitioner has instituted the suit in question.

2. The trial Court by the impugned order dated 28 July 2015 rejected the application 42 Ga moved by the petitioner seeking permission of the



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