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1963 Supreme(MP) 91

S.P.BHARGAVA
HARGOVIND SHARMA – Appellant
Versus
DIVISIONAL ENGINEER RAILWAY ADMINISTRATION SOUTH EASTERN – Respondent


Advocates Appeared:
A.H.SAFI, J.N.SINHA

S. P. BHARGAVA, J.

( 1 ) THE applicant has filed this revision petition under Section 115 of. the Code of civil Procedure praying that the order, dated 20-3-1963, of ejectment of the appellant-applicant from the suit premises which was initially passed by the Estate officer. South Eastern Railway, Bilaspur. and which was, on appeal, confirmed by the District Judge. Raigarh, be set aside, and the Estate Officer be directed to proceed with the case according to law

( 2 ) BRIEFLY stated, the facts are that the applicant Hargovind Sharma who carries on his business under the name and style of 'ramavtar Hargovind Sharma' was given a tea stall contract at Kharasia railway station, from 1-1-1961 for a term of three years. On account of extension of the railway platform, the land on which the tea stall originally was to be located could not be given to the applicant and he was given some other land behind the railway station He was put in occupation of that land under the orders of the Assistant Engineer, South Eastern Railway, Raigarh, dated 6-3-1962 It is urged on behalf of the applicant that thereafter, only the formality of preparing a written agreement of lease was to be gone through T












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