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1973 Supreme(Pat) 9

MADAN MOHAN PRASAD
Bindeshwari Chaudhary – Appellant
Versus
Sheo Nandan Upadhya – Respondent


Judgment

Madan Mohan Prasad, J.

1. This is an application in revision against an order dismissing the petitioners application for being added as an intervenor defendant under Order 1.Rule 10 of the Code of Civil Procedure.

2. Circumstances giving rise to the present application are as follows. One quarter No. 15/M.I.G., situated within Lohianagar Housing Colony in the town of Patna and belonging to the State of Bihar was allotted by the Housing Department to one Manoranjan Prasad Singh as a monthly tenant. On account of default in payment of rent and on the ground that the tenant had vacated the house and kept it vacant though locked the Housing Department sent a notice to the tenant aforesaid to show cause against the cancellation of the allotment in his favour. The notice aforesaid was returned unserved, the report being that the person concerned had left and was not traced. Thereafter the State Government cancelled the allotment in favour of Manoranjan Prasad Singh aforesaid and on 9th of December. 1970 allotted the aforesaid house to the petitioner on a monthly rental of Rs. 110/-. There were certain other conditions attached to the allotment in his favour namely, that the petit












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