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1998 Supreme(Pat) 612

R.N.PRASAD
Ram Nath Sah – Appellant
Versus
Kali Prasad Singh – Respondent


Judgment

1. The revision application has been filed against the order dated 19-6-1998 passed by Munsif, Gopalganj in Execution Case No. 5 of 1984 whereby the petition of the petitioner under Order 21, Rule 29 and Sec. 151 of the Code of Civil Procedure, hereinafter referred to as the Code for stay of execution case was rejected.

2. The reume of the relevant facts of the case are that the plaintiff-opposite party filed Title Suit No. 169 of 1972 in the Court of Munsif for eviction against the defendant-petitioner on the ground of default in payment of rent and also on the ground of personal necessity of the suit premises. The defendant admitted the tenancy and stated that he was tenant of the plaintiff till 25-3-1972. On 26-3-1972 the plaintiff-opposite party executed a deed of agreement to sell the suit premises in his favour and as such there was no relationship of landlord and tenant nor the plaintiff was in bona fide need of the suit premises. The petitioner also filed Title Suit No. 556 of 1974 for specific performance of contract against the opposite party before the Sub-Judge, Gopalganj which was pending for disposal.

3. The trial Court decreed the suit and held that the defen






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