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1997 Supreme(SC) 1358

G.B.PATTANAIK, G.N.RAY
Satya Pal Sikka – Appellant
Versus
Amarnath – Respondent


ORDER

1. Leave granted. Heard learned counsel for the parties. The order impugned in this appeal is the direction of the High Court dated 1-11-1996 given in CMWP No. 15061 of 1996. The Allahabad High Court by the said impugned order remanded the appeal to the lower appellate court for reconsideration after allowing the parties to lead further evidence. It may be stated that previously the said eviction suit had travelled up to the High Court and an order of remand was made by the High Court to the lower appellate court by directing the lower appellate court to consider the questions framed by the High Court on the basis of the materials on record by judgment dated 22-8-1988. Such questions had been considered by the lower appellate court after remand and on considering the materials on record, the lower appellate court had answered in favour of the landlord by indicating that the landlord would suffer greater hardship if the premises in question was not vacated and the possession of the same was not given to the landlord. It may also be stated here that before the lower appellate court, the appellant-tenant made an application for taking into consideration the subsequent events. Su


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