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2016 Supreme(Ori) 279

D.DASH
Bhanwar Lal Singhi @ Jain (dead) his L. Rs. – Appellant
Versus
Pankaja Kanta Panda – Respondent


Advocates Appeared:
For the Appellants :M/s. P. Kar, A.K. Mohanty, G.D. Kar, J. Behera and Mr. Satpathy and S.K. Sahoo, advocates
For the Respondents:M/s. S.P. Misra, R.K. Nayak, F.R. Mohapatra and M.K. Panda, M/s. A.P. Bose, R.K. Nayak, Mrs. V. Kar, D.J. Sahoo, advocates

JUDGMENT :

1. The above noted appeal as indicated under Item No. A has been filed by the unsuccessful defendant in Title Suit No. 725 of 2000-I challenging the judgment and decree passed by the learned Civil Judge (Sr.Divn.), Balasore therein decreeing the suit filed by the respondent nos. 3 and 4 as the plaintiffs in part directing the defendant-appellant to pay the arrear house rent at the rate of Rs.600/-per month to the plaintiff-respondent no. 3 and 4 with effect from 4.9.2000 onwards.

The appeal as finds mention under Item No.B has been filed by the same person being unsuccessful plaintiff-appellant in Title Suit No. 903 of 2000-I challenging the judgment and decree passed therein by the learned Civil Judge (Sr.Divn.), Balasore dismissing his suit filed for specific performance of contract against the respondent nos. 1 and 2 as the defendant nos. 1 and 2 who have been arraigned as also respondent nos. 3 and 4 as defendant nos. 3 and 4.

2. It is pertinent to state here that the learned Civil Judge (Sr.Divn.) has disposed of the above noted suits by a common judgment since the subject matter in both the suits remain the same. At this stage, it may also be noted that the appellant























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