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PRABHAT KUMAR JHA
Usha Sinha, Wife of Late Birendra Kumar Singh – Appellant
Versus
Muzaffarpur Culb through its Honorary Secretary Mauza Sarai Syed Ali – Respondent
1. Heard Mr. J.S. Arora, the learned senior counsel for the petitioner and Mr. J.K. Verma, the learned counsel for the respondents.
2. The petitioners preferred this civil miscellaneous petition against the order dated 29.09.2016, passed in Title Appeal No.57 of 2015 whereby the learned Additional District Judge-XIV, Muzaffarpur allowed the petition of the appellants filed under Order XLI Rule 5 of the CPC to stay the further proceeding of Execution Case No.2 of 2015 pending in the court of learned Sub Judge-VII, Muzaffarpur without imposing any condition.
3. The brief facts relevant can be summarized as follows:-
The petitioners filed Title Suit No.69 of 1983 for decree for eviction of the defendants-respondents herein from the suit premises and realization of arrears of rent. The plaintiff set forth his case that the suit premises was leased out by Chaudhary Mahanth Raghunath Das, predecessor in interest of the plaintiff by a lease for a period of ten years from 01.08.1885 to 01.08.1894 at a monthly rent of Rs.25/- in favour of Sri A.N. Stuart described as the Secretary, Station Club, Muzaffarpur. On 17.07.1889 lease in the form of eqdjjh bLrejkjh was executed by Choudhary
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