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1988 Supreme(All) 90

S.K.DHAON, D.S.SINHA
Gulab Chandra – Appellant
Versus
Munsif West Allahabad – Respondent


Advocates appeared:
S.M. Chaturvedi

JUDGMENT

D. S. Sinha, J.

1. By means of this petition, under Article 226 of the Constitution, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the plaint of suit no. 102 of 1987 filed by Smt. Meera Dutta, the opposite party no. 2, along with the proceedings of the suit, pending in the court of Munsif West, Allahabad. The suit is for declaration that she is co-tenant of house no. 673, Colonelganj, Allahabad, hereinafter called the 'disputed house', and for permanent injunction restraining the petitioner from dispossessing her and her dependents from the aforesaid house of which the petitioner is owner-landlord, in pursuance of the decree dated 19th November, 1982 passed by the Judge, Small Causes, Allahabad, in Original suit No. 50 of 1981, Sri Gulab Chand v. Subhash Chandra Mittra and others.

2. The events giving rise to the instant petition are as follows : The petitioner filed in the court of Judge, Small Causes, Allahabad, suit no. 50 of 1981 against opposite parties nos. 3, 4 and 5 for their ejectment from disputed house. This suit was decreed on 18th November, 1982 and opposite parties nos. 3 to 5 were directed to vacate the d


















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