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1977 Supreme(Ori) 4

S.ACHARYA
PRAVAT KUMAR MISRA – Appellant
Versus
PRAFULLA CHANDRA MISRA – Respondent


Advocates Appeared:
B.DAGARA, M.Patra, P.K.Misra, R.C.PATNAIK, S.BISWANATH

S. ACHARYA, J.

( 1 ) THIS Revision arises out of Title Suit No. 10 of 1974 instituted by the petitioner for recovery of arrear of rent from and for the eviction of opposite party No. 1 in this revision from the suit house. The defendant in this suit, opposite party No. 1 herein, did not appear and contest the suit. At that stage opposite party No. 2 in this revision filed a petition in the trial Court for impleading him as a party-defendant in the said suit. He claims to be impleaded as a "party-defendant in the suit (T. S. No. 10 of 1974) on the ground that he has title to the suit house and the plaintiff has no title to that property. Opposite party No. 2 has filed another suit (Title Suit No. 16 of 1974) in the same court claiming title to the same suit house. The suit by the petitioner is for recovery of rent and eviction of defendant No. 1 from the suit house on the allegation that defendant No. 1 was inducted as a tenant in that house by petitioner. If opposite party No. 2 is allowed to be impleaded and to contest this suit, then the plaintiff's simple suit for recovery of rent from and eviction of his alleged tenant will be converted mainly into a complex title suit between


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