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2017 Supreme(Ori) 679

D.DASH
Ramanath Sahu – Appellant
Versus
Ananta Prasad Sahoo – Respondent


Advocate Appeared:
For the Appellant :M/s. S.K. Dash, A.K. Hotta, Mrs. A. Dhalsamanta, B.P. Dhal and Miss S. Das, Advocates
For the Respondent:M/s. P.K. Rath, R.N. Parija, A.K. Rout, S.K. Pattnaik, A. Behera, P.K. Sahoo, S.K. Behera and B.K. Dash, Advocate

JUDGMENT :

1. This second appeal under section 100 of the Code of Civil Procedure has been filed questioning the judgment and decree passed by the first appellate court in RFA No. 29 of 2015. By the said judgment and decree in the first appeal, the learned lower appellate court has confirmed the judgment and decree passed by the trial court in C.S. No. 448/223 of 2011/2010 by affirming all the findings recorded therein.

The suit filed by the respondent as plaintiff which had been decreed by the trial court directing the appellant-defendant to vacate the suit shop room and to hand over possession of the same to the respondent-plaintiff as also to pay the arrear rent and damage as indicated therein having thus held the field, in the present second appeal, all those are challenged by the unsuccessful defendant as the appellant.

2. For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

3. Plaintiff’s case is that he is the owner in possession of the land over which the suit shop room with other rooms stand. He had purchased the same from one Sri Lohit Dash by registered sal































































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