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1995 Supreme(Ori) 86

PRADIPTA RAY
BACHULAL SAH – Appellant
Versus
GITA TIMBER CO. – Respondent


Advocates Appeared:
K.MOHANTY, K.T.Rao, M.MOHANTY, P.MISHRA, P.MOHANTY, R.DAS GUPTA, Y.S.N.MURTY

P. RAY, J.

( 1 ) THE present second appeal is at the instance of the plaintiff against a judgment and decree by which the First Appellate Court reversed the judgment and decree of the trial Court and dismissed the suit for eviction.

( 2 ) SOME material and important facts are stated below: (a) The defendant-respondent obtained the disputed lease on the basis of a registered deed of lease executed on August 30, 1973. The lease was for a period of 4 years from September 1, 1973 at a monthly rent of Rs. 70/- payable according to English Calendar month. It was clearly stipulated in the said deed of lease that in default of regular payment of rent the lessor might re-enter on the land upon determination of the lease by giving 15 days' notice terminating within a month. The lease was obtained in connection with the running of a saw mill which was set up on the adjacent land to the north of the suit land. The plaintiff has alleged that after the expiry of the lease at the request of the defendant, he allowed him to continue as a tenant-at-will for some time to enable him to make alternative arrangement, but as the defendant showed his reluctance to vacate voluntarily, the lease was term

















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