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2022 Supreme(Ori) 73

D.DASH
Monoranjan Mohanty – Appellant
Versus
State Engineer, Doordarshan Maintenance Centre, Balasore – Respondent


Advocates Appeared:
Mr. R.K. Mohanty, Sr.Advocate, for the Appellant; M/s. S. Barik, D.K. Mohanty; P.C. Behera, Advocate, Mr. M. Ku. Badu, Advocate, for the Respondent.

JUDGMENT

D. Dash, J. - The Appellant, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, 'the Code') has assailed the judgment and decree passed by the learned Additional District Judge, Rairangpur in R.F.A. No.18 of 2012.

By the same, the Appeal filed by the present Appellant under section 96 of the Code has dismissed.

The present Appellant being the Plaintiff having lost before the Trial Court and thus being non-suited had filed the First Appeal which has been dismissed; she is now on Appeal

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

3. The Plaintiff's case, in short, is that he is the owner of the land and house in question. The Defendants had established one LPT Centre over the suit land having taken the land and house on lease from the original recorded tenant Shiba Narayan Dash. The Plaintiff having purchased the said land, the Defendants have attorned him as to be the lessor. It is stated that the parties had agreed that the Defendants would pay the monthly rent as would be assessed by the Public Works Department (PWD). T

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