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1976 Supreme(Pat) 85

SHAMBHU PRASAD SINGH, NAGENDRA PRASAD SINGH
Mahendra Prasad Saluja – Appellant
Versus
Mosst. Sudarsan Devi Khanna – Respondent


Advocates Appeared:
For the petitioner: Mr. Braj Kishore Prasad II
For the opposite Party : Messrs J.C. Sinha and A.C. Sinha.

JUDGMENT

Nagendra Prasad Singh, J.

This is an application under articles 226 and 227 of the Constitution of India filed on behalf of the petitioner for a direction to the respondent Subdivisional Magistrate, Hazaribagh, to pass an order for restoring the possession of holding co. MR 1-15 and holding no. MR-1-17 situated in the Ramgarh Cantonment Area, to the petitioner.

2. According to the petitioner, he was running a small hotel in the aforesaid two holdings in Ramgarh Cantonment area. Opposite party no,1 was the owner of two holding and she had let them out in the year 1964 to the petitioner On a monthly rent of Rs. 95/-. According to the case of the petitioner, he paid rent in terms of the lease to opposite party no.1 but later opposite party no.1 wanted to dispossess the petitioner from those two holding and with that object she filed an application on 19.8.1975 before the learned Subdivisional Magistrate, Hazariragh, making a prayer to put her in possession of those two holdings. It appears that the learned Subdivisional Magistrate called for a report from the local Police and on receipt of the report, on 20.9.1975 passed an order directing the local police to put opposite part




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