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1996 Supreme(SC) 305

`SUPREME COURT OF INDIA
G B Pattanaik, Kuldip Singh
BOORGU JAGADESHWARAIAH AND SONS, APPELLANT;
VERSUS
PUSHPA TRADING CO., RESPONDENT.
Civil Appeal No. 8466 of 1995 (CC No. 5325 of 1995), decided on February 7, 1996.

ORDER

This is a landlords appeal. The High Court has non-suited the appellant following the judgment of this Court in D. Devaji v. K. Sudarashana Rao [1994 Supp (1) SCC 729]. The High Court came to the conclusion that the newly-constructed premises by the landlord was not suitable for the business which the landlord was doing, but following the judgment in Devaji case [1994 Supp (1) SCC 729] the High Court decided the appeal against the landlord. The learned counsel for the appellant has cited J. Pandu v. R. Narsubai [(1987) 1 SCC 573] and Saroj Kumar Das (Dr) v. Arjun Prasad Jogani [(1987) 4 SCC 262]. We are of the view that it would be in the interest of justice that these maters be heard by a three-Judge Bench. The papers be placed before Honble the Chief Justice for listing the matters before a three-Judge Bench.

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