H. S. THANGKHIEW
Gotjeng Sangma – Appellant
Versus
Aijonish D. Shira – Respondent
JUDGMENT :
A1. This application under Article 227 of the Constitution of India has been filed assailing the orders dated 11.12.2020 and 17.12.2020 passed in Misc. Case No. 10 of 2020 and Title Suit No. 26 of 2020, by the Court of the Judicial Officer, Sub-ordinate District Council Court, GHADC, Tura. Against the same order dated 07.12.2020, the petitioner has also assailed the same by invoking Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order 2014 read with Section 115 CPC by contending that in the same order itself the petitioners’ application under Order 7 Rule 11 CPC was rejected.
2. The facts briefly put is that the petitioner had leased out 4 (four) hectares of land to the respondent vide a Lease Agreement dated 18.07.2017 for stone mining activities but as some dispute arose as to the validity of the said agreement, the same it appears was terminated vide Notice dated 12.10.2020. This prompted the respondent herein to institute a suit before the Subordinate District Council Court, GHADC, Tura for declaration and for grant of temporary i
Shail v. Manoj Kumar and ors. (2004) 4 SCC 785 (para 3)
Barkat Ali v. Badrinarian (2008) 4 SCC 615
Shiv Kumar Chadda v. Municipal Corporation of Delhi (1993) 3 SCC 161 (para 30)
The Premier Automobiles Ltd. v. Automatic Electric Pvt. Ltd. (1976) 1 SCC 496 (para 29)
Kishorsinh Ratansinh Jadeja v. Maruti Corporation of India (2009) 11 SCC 229 (para 37)
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