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Kailash Narayan Singh v. A.D.J. & Others - WRIT - C No. 51410 of 2005 [2005] RD-AH 3157 (20 September 2005)


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Court No. 4

Civil Misc. Writ Petition No. 51410 Of 2005.

Kailash Narayan Singh                                                ...................Petitioner.


Addl. District Judge (Spl. Judge D.A.A.)

Jhansi and others                                                      ...............Respondents.


Hon'ble Anjani Kumar, J.

The petitioner, Kailash Narayn Singh approached this Court by means of this writ petition  challenging the order dated 28.9.2002 whereby the petitioner was directed to handover the possession of the property in dispute to the respondent Nos. 2 and 3.

The brief facts leading to filing of the present writ petition are that the petitioner who was allotted the land in dispute on license by the receiver under orders of the Court which was subject to the condition that whenever and wherever license is recalled he will have to hand over the possession and thus, the license has come to an end, Thereafter the owners have approached the court that they may be handed over the possession of the property in dispute. The petitioner has tried to raise a dispute with regard to the ownership of Uma Shanker etc and without disclosing as to from which source or title he is entitled to be remain in possession except the license granted by the receiver. Admittedly by the order dated 15.1.1993 passed the District Judge, the receiver was directed to let out the property on license with the condition that at any time during the pendency of the litigation or thereafter the licensee may be evicted from the property in dispute. It was further put to condition that in case the party files an application for delivery of possession, the licensee shall be evicted. All these conditions were made known to the petitioner and he has put in his signatures in token of the accepting the same. Now since the owners have filed an application for delivery of the possession and license has already been rescinded by the receiver, I do not find that the petitioner has any right to remain in possession over the property in dispute.

In this view of the matter, this writ petition has no force and is dismissed. However, if the petitioner does not hand over the possession of the property in dispute to the respondent within a week from today, he is liable to pay damages at the rate of Rs. 150/- per day till the delivery of actual possession.

Dated: 20.9.2005.



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