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1957 Supreme(Gau) 81

J.N.DATTA
B. K. Ghosh – Appellant
Versus
R. K. Joysurendra Singh – Respondent


Advocates:
Petitioner in person; V. Kulabidhu Singh, for Opposite Party.

ORDER

By this petition in revision the defendant petitioner seeks the setting aside of the order of the trial Court, by which it refused to frame certain additional issues for trial.

2. The suit out of which this petition arises was brought by the plaintiff-opp. party, for possession of a house and damages for use and occupation, on the ground that the house was let out on rent for a period of one year (ending on 30-4-1951) by the plaintiff to the defendant but the defendant failed to vacate on the expiry of that period and in spite of a notice having been served on him asking to vacate. There was a previous suit for the same but on appeal it was dismissed as pre-mature by this court.

3. The defendant opposed the suit on several grounds and also claimed a .set-off in respect of certain expenses incurred by him for repairs and the costs awarded to him in the previous suit, but the pleadings as they stand at present do not fall within Sec. 108(f) of the Transfer of Property Act, nor do they relate to a period after the Transfer of Property Act was applied to this territory. I shall refer to these pleas as I consider each of them. The trial Court refused to frame issues as regards the c



























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