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2002 Supreme(Bom) 1114

S.D.GUNDEWAR
Gangdas Moujibhai Patel – Appellant
Versus
Harshvardhan Balkrushna Bhadupotcy & others – Respondent


JUDGMENT - GUNDEWAR S.D., J.:---Heard finally at the stage of admission by the consent of the parties.

2.The present civil revision application is directed against the order dated 8-7-2002 passed by the learned Joint Civil Judge, Junior Division, Gondia in Regular Civil Suit No. 170/2002, whereby the application filed by the applicant under Order 7, Rule 11 of Code of Civil Procedure for rejection of plaint came to be rejected.

3.A few facts in so far as they are relevant for the disposal of the present civil revision application are as under:

The non-applicants/original plaintiffs have filed Regular Civil Suit No. 170/2000 against the applicant/original defendant for the possession, damages and mesne profits. It is averred by the plaintiffs that they are the owners of land bearing Nazul Plot No. 23/1, Sheet No. 7, situated at Seth Pratap Ward, Gondia and the defendant is in occupation of a total area admeasuring 6375 sq.ft. out of the said land (hereinafter referred to as "the suit premises") as their tenant at monthly rent of Rs. 400/-. The defendant runs a saw mill named and styled as "Shankar Vijay Saw Mill" on the said land. It is further averred by the plaintiffs that the tenanc


































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