USHA INTERNATIONAL LTD Vs. STATE OF BIHAR
LAWS(PAT)-2004-7-73
HIGH COURT OF PATNA
Decided on July 22,2004

USHA INTERNATIONAL LTD Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.)HEARD learned counsel for the petitioner, learned counsel for the State and the learned counsels appearing for the opposite party Nos.
(2.), 3 and 4. 2. At this stage it is relevant to record that opposite party No. 2. was erstwhile dealer inducted in the tenanted premises through the company and the opposite party No. 4 is his son. Opposite party No. 3 is the landlord.
A complaint case was filed by the petitioner that certain premises were taken by it on lease. The premises were then allowed to be used by the opposite party No. 2, a dealer of the petitioner. According to the complaint, the understanding was that the induction of the opposite party No. 2 in the premises was co terminus with his status as dealer. the tenancy remaining with the company.

(3.)IT appears that the premises were handed over to the landlord -opposite party No. 3 directly. This led to institution of suit Title Suit No. 136/2000, by the petitioner to restrain the dealer from handing over possession to the landlord directly. The prayer for injunction was also refused on 15.1.2000. It is not in controversy that no appeal was preferred against this order. The contention is that possession having been handed over before the order refusing injunction was passed there was no occasion to prefer any appeal.


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