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1973 Supreme(All) 48

T.S.MISRA
Kailash Chandra – Appellant
Versus
Ratan Prakash – Respondent


Advocates:
Deoki Nandan and Tej Pal, for Applicant; S.P. Gupta, for Respondent.

Judgement

ORDER :- This is an application of the plaintiff for revision of the order dated 10th December, 1969 rejecting his application to withdraw a statement made by his counsel under Order 10, Rule 2, Civil P.C. The material facts are as follows :-

2. The plaintiff applicant filed a suit for ejectment of the defendants from the premises in question and for recovery of arrears of rent and damages, inter alia, alleging that the defendant No. 1 was the tenant of the premises and the defendant No. 2 was a sub-tenant He alleged that defendant No. 1 had illegally and without the permission of the plaintiff sub-let the said premises to the defendant No. 2. Both the defendant filed their separate written statement The defendant No. 1 in his written statement pleaded that after about 1¼ or 2 year of the taking of the shop in suit on rent an agreement was arrived at between defendant No. 1 and defendant No. 2 who was working at the shop as one of the employee of defendant No. 1 under which the tenancy of the shop in suit, the establishment and the business running therein were to belong to defendant No. 1 but the work at the shop was handed over to the defendant No. 2 who was to pay to the






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