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1997 Supreme(SC) 18

G.N.RAY, G.B.PATTANAIK
Gulab Chand (Dead) By Lrs – Appellant
Versus
Babulal – Respondent


Order

This appeal is directed against the judgment and decree dated April 7, 1983 passed by the High Court of Madhya Pradesh (Indore Bench) in Second Appeal No. 19 of 1982. By the impugned judgment, the appeal preferred by the appellant was dismissed summarily at the time of admission of the appeal under Order 41 Rule XI of the Code of Civil Procedure.

2. One Mr. Narayan Prasad the predecessor in interest of the respond­ents filed a suit against Gulab Chand who is the predecessor in inter­est of the appellants herein for eviction from the disputed property on the ground that he had sublet the premises. Such suit was contested by the said Gulab Chand inter alia contending that there was no rela­tionship of landlord and tenant between the parties and Gulab Chand himself was the owner of the property and he had obtained a loan from the said Narayan Prasad for which three documents were executed on the same day, namely, on August 10, 1962. Although, one of such documents was a sale deed in respect of the disputed premises and the other one was a rent note and the third document was an agreement to repurchase the property, all the said documents if construed properly would reveal that the







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