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1989 Supreme(MP) 386

N.K.SINGH, K.K.VERMA
BHANU PRAKASH AGRAWAL – Appellant
Versus
ROOP CHAND – Respondent


Advocates Appeared:
N.K.JAIN, R.D.Jain

K. K. VERMA, J.

( 1 ) ON 12-1-1987 respondent 1 Roop Chand filed an application under Section 151, C. P. C.- registered as M. C. C. 6/87 - seeking an order for a clarification in the judgment dated 24-9-1986 of Dr. T. N. Singh, J. , in Second Appeal No. 7/86 (Roop Chand v. Bhanu Prakash ). On 29-6-1987 the learned single Judge dismissed the application but granted two weeks time to applicant Roop Chand to deliver vacant possession of the suit accommodation to the landlord-decree-holder, non-applicant Bhanu Prakash, under sub-sec. (7) of S. 12 of the Madhya Pradesh Accommodation Control Act, 1961. Non-applicant Bhanu Prakash, aggrieved by the grant of two weeks time to applicant Roop Chand, has filed a L. P. A. under Clause 10 of the Letters Patent.

( 2 ) THE learned counsel for respondent 1 Roop Chand has raised a preliminary objection that the present L. P. A. is not maintainable under S. 100-A, C. P. C. and also because the impugned order was not a 'judgment' within the meaning of that expression in clause 10 of the Letters Patent. On the other hand, the appellant's learned counsel maintained that the appeal was maintainable because the impugned order was passed in an independent














































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