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2006 Supreme(Ori) 603

M.M.DAS
Shadiram Sharma @ Dhanchalia – Appellant
Versus
Dinesh Kumar Modi – Respondent


Advocates:
For Appellant:M/s. S.P. Mishra, S.K. Mishra, S. Mishra and S.Nanda.
For Respondents:M/s. S.S. Rao & B.K. Mohanty.

JUDGMENT

M. M. DAS, J. — Though both these Second Appeals were listed for admission and both the parties have entered their appearance, they were taken up for hearing with regard to the question as to whether the appeals involve any substantial question of law.

2. The facts of the case reveal that the respondent No. 1-in R.S.A. No. 646 of 2003, as plaintiff, filed Title Suit No. 67 of 2001 (T.S. No. 23/98) before the learned Civil Judge (Junior Division), Cuttack praying for eviction of the appellants and the respondent No. 2 and for other consequential reliefs. The plain¬tiff pleaded that he is the owner of the Holding No. 266 of Ward No.11 of the Cuttack Municipal Corporation and the defendants are monthly tenants with respect of the said house since 1977. As they defaulted in payment of monthly rent, an application under Section 7 of the Orissa House Rent Control Act, 1967 (which was in force then) was filed for eviction of the tenants which was registered as H.R.C. No. 53/1983. An objection to the said appli¬cation was filed by the tenants denying the allegations with regard to non-payment of rent and further pleading that the plaintiff is not entitled to maintain the proceedin




























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