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1984 Supreme(Gau) 4

K.N.SAIKIA
Mohan Chandra Deka – Appellant
Versus
Himani Talukdar – Respondent


Advocates Appeared:
B. Sarma, Y. K. Phukan and A. C. Sarma, S. K. Sen and A. R. Pal Mazumdar

Judgement

This civil revision impugns the order dt. 4-2-1981 passed in Money Suit No. 17 of 1979 allowing a petition under S.10/151 C.P.C. and staying hearing of the suit till disposal of Money Suit No. 79/77.

2. Title Suit No. 17 of 1979, renumbered on transfer as Money Suit No. 33/80, now pending in the Court of the Assistant District Judge No. 2, Gauhati was instituted by the present petitioner against the present opposite party on 22-1-1979 for recovery of hire charge of furniture etc. amounting to Rs. 13,500.00 alleging that the opposite party had purchased a printing press from the petitioner and failing to remove it forthwith agreed to pay at the rate of Rs. 300.00 per mensem as hire charge for the room and accessories so long as she could not remove the same, but defaulted in payment. That suit is contested by the opposite party stating that she had already instituted Title Suit No. 79/77.

3. The present opposite party filed Title Suit No. 79/77 against the present petitioner and his father (Shri Golap Chandra Deka) for declaration of her tenancy right in the press room and for injunction restraining closure of the door of the room.

4. It would be seen that the house is of Gol















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