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2022 Supreme(Ori) 722

IN HE HIGH COURT OF ORISSA, CUTTACK
D.DASH
Bharat Motors – Appellant
Versus
Savitri @ Savitri Devi Bhawsinka – Respondent


Advocates Appeared:
For the Appellant :M/s. Prafulla Kumar Rath, S.K. Pattnaik, A. Behera, S.K. Behera, Kumar Kashyap, P. Nayak, B.K. Dash, S. Parija, Advocates.
For the Respondent:M/s. S.P.Misra, Sr. Advocate, S. Mishra, Ekta Agrawal, Neha Sharma, L.K. Moharana, R.K. Das, Advocates

JUDGMENT :

D. Dash, J.

The Appellants by filing this Appeal under Section-100 of the Code of Civil Procedure (hereinafter called as ‘the Code’) have assailed the judgment and decree passed by the learned District Judge, Cuttack in RFA No.10 of 2016.

By the said judgment and decree, the First Appellate Court has allowed the Appeal filed by these Appellants-Defendants under section-96 of the Code, in part only to the extent of determination of the fair and equitable rent of the tenanted premises for the period from August, 2008 to October, 2013. The First Appellate Court has fixed the same @ of Rs.30,000/- per month instead of Rs.40,000/- as had been so awarded by the Trial Court for said period. It may be stated that rest part of the order of the Trial Court in directing the Defendants to vacate the possession of the suit premises; pay arrear rent @ of Rs.40,000/- per month from November, 2013 till March, 2014 and damage @ of Rs.80,000/- per month w.e.f. 01.04.2014 till actual vacation of the suit premises have been given the seal of approval.

The cross-objection filed by the Respondents-Plaintiffs for enhancement of monthly rent and damage for the aforesaid period has, however, been re

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