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1986 Supreme(Ori) 31

K.P.MOHAPATRA
MANIKA DEI – Appellant
Versus
DHADIA MADGUL – Respondent


Advocates Appeared:
A.K.Mohapatra, M.M.DAS, N.DAS

K. P. MOHAPATRA, J.


( 1 ) THIS revision is against the order passed by the learned Munsif, First Court, Cuttack rejecting a petition under S. 10 of the Civil P. C. ('code' for short ). The plaintiffs are the petitioners.

( 2 ) THE facts may be recounted in brief. Deceased Nilap Naga was the owner of the schedule 'c' land of the plaint. He had one son, opposite party No. 2 (b) and four daughters, petitioner 1, opposite party No. 2 (c), opposite party No. 2 (d) and Jamuna (defendant No. 2 (e) in T. S. No. 132 of 1979 ). Petitioner No. 2 is the husband and petitioner No. 3 is the son of petitioner 1. Opposite party No. 1 is the husband of opposite party No. 2 (c ). Opposite party No. 1 initiated two proceedings (H. R. C. Case No. 32 of 1979 and H. R. C. Case No. 52 of 1979) against the petitioners under S. 7 of the Orissa House Rent Control Act ('act' for short) before the learned House Rent Controller, Cuttack on the grounds that there was an agreement for sale of the schedule 'c' and with a house standing thereon for consideration of Rs. 3,000/- between Nilap Naga and Opposite party No. 1 on 27-11-1978 and on the same day the suit land was delivered by the former to the latter. On












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