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1975 Supreme(Ori) 76

G.K.MISRA, S.K.RAY
TEIPAL KHANDELWAL – Appellant
Versus
PURNIMA BAI – Respondent


Advocates Appeared:
M.R.Panda, R.N.SINHA, S.C.MOHAPATRA, S.MOHANTY, S.N.CHATTERJEE, T.K.MITRA

G. K. MISRA, C. J.

( 1 ) RAMGOPAL (original plaintiff) who died during the pendency of the suit and balmakund (defendant No. 9 and D. W. 2) were the sons of one Sitaram agarwalla. Defendant No. 10 is the son of defendant No. 9. Substituted plaintiffs 1 (a) to 1 (i) (respondents 1 to 10) are the heirs of deceased ramgopal. Defendants 1 to 8 are the appellants,

( 2 ) THE case of the substituted plaintiffs may be stated in short. The disputed house is a double storeyed building situate in Jharsuguda town in the district of sambalpur. Defendants 1 to 8 were admittedly the monthly tenants under ramgopal and defendant No. 9 from 1941 onwards. The landlords served a notice to quit on the tenants and filed T. S. No. 35 of 1957 for eviction which ended in a compromise decree on 1-7-1. 959. Under the compromise, defendants 1 to 8 agreed to vacate the suit house not later than two years from the date of the decree and pay compensation at the rate of Rs. 50/- per month from 1-4-1959. Defendants Nos. 4 to 8 paid Rs. 200/-to Ramgopal and Rs. 50/- to defendant No. 9 towards compensation and did not pay the balance. Taking advantage of the dissension between Ramgopal and defendant No. 9, defendan






























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