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2023 Supreme(Chh) 121

DEEPAK KUMAR TIWARI
Mohd. Sabir Kuraishi S/o. Late Mohd. Yusuf Kuraishi – Appellant
Versus
Mohd. Sadik Kuraishi, S/o. Late Mohd. Yusuf Kuraishi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shubhank Tiwari, Advocate
For the Respondent:Mr.A.N.Bhakta, Advocate

ORDER :

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 2.8.2022 passed by the Additional Judge to the Court of First Civil Judge Class-II, Mahasamund in Civil Suit No.S-39A/2021, whereby the application preferred by the petitioner/defendant under Order 14 Rule 2 (2) of the Code of Civil Procedure (for short ‘CPC’) to decide the issue about the jurisdiction and court-fee as preliminary issues was dismissed.

2. Brief facts of the case are that the plaintiff/respondent has filed civil suit for vacant possession of the suit property after demolition of the house and after dispossession of the defendant. It was averred that the plaintiff/respondent is elder brother of the petitioner/defendant. It was further averred that the suit property was purchased by the respondent/plaintiff vide registered sale deed dated 25.1.1984 and the petitioner/defendant has entered to the suit property as a tenant since 25th March, 2014 on consideration of Rs.500/- monthly rent. The plaintiff/respondent has valued the suit on the basis of demolition of the house to the tune of Rs.10,000/- and 20 times of the revenue fixed at the rate of Rs.11/- to the

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