Full Judgment Text
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PETITIONER:
LUMBINI NAGAR COOP. HOUSINGSOCIETY LTD. AND OTHERS
Vs.
RESPONDENT:
UNION OF INDIA AND OTHERS
DATE OF JUDGMENT17/08/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1995 (6) 623 1995 SCALE (5)159
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Pursuant to the directions issued by this Court on July
28, 1995 and the order dated August 11, 1995, affidavit has
been filed in which it has categorically been stated that
out of 169 original allottees, 57 are employees of
respondent No. 2 and are described as departmental
employees. Out of 112 other allottees, 9 allottees were
given notice under the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971. Remaining 103 persons are
the original allottees who are still in occupation of their
respective tenaments with their families. They neither sold
nor transferred their tenaments and they are continuing to
reside in the respective tenaments even till date.
Mr. Nambiar, learned senior counsel for the
respondents, has stated across the bar that no action is
being taken against any person other than the nine allottees
who are said to have parted with their right to remain in
possession of their respective tenaments. The learned
counsel for the appellants contended that these 9 allottees,
though have entered into agreements to sell their
properties, the same is subject matter of the pending suit
in the High Court. Therefore, their possession cannot be
disturbed.
Since the High Court, both the Learned Judge as well as
the Division Bench, was not inclined to grant injunction as
sought for, we are not persuaded to take a different view in
that behalf. Injunction being a discretionary order, the
High Court has refused to exercise the discretion in favour
of the nine persons. Under these circumstances, we do not
deem it expedient under Article 136 to upset the order of
the High Court.
The appeal is accordingly disposed of. No costs.
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