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1988 Supreme(Pat) 30

B.P.SINGH
Indrawati Devi – Appellant
Versus
Bulu Ghosh – Respondent


Judgment

B.P.SINGH, J.

1. These two civil revision applications have been taken up together. The parties in both the civil revision applications are the same and the factual background is also common. Civil Revision 376/87 (R) is against an order dated 6-11-87 passed in Misc. Case No. 22/87 granting a mandatory injunction in favour of opposite parties Nos. 1 to 4 and against the petitioner directing the petitioner to vacate the premises in question and put the opposite parties 1 to 4 in possession thereof. Civil Revision No. 377/87(R) is against an order of the same date in Title Suit No. 133/80 whereby the Court refused to grant permission to the petitioner to withdraw the suit. It may be stated that Misc. Case No. 22/ 87 also arises in Title Suit No. 133 / 80.

2. The facts which are not in dispute are that opposite party No. 5, Shankar Lal Bageria filed a suit in the year 1980 for the eviction of opposite parties Nos. 1 to 4 under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977. During the pendency of the aforesaid suit, the petitioner herein Smt. Indrawati Debi purchased the suit property by a registered deed of sale from opposite party No. 5 Shankar Lal Bageria.
















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