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1995 Supreme(MP) 553

SHACHEENDRA DWIVEDI
Hansraj – Appellant
Versus
Gomti – Respondent


Advocates:
R.D. Jain and S.K. Jain for petitioner; K.N. Gupta for respondents.

ORDER

1. In this petition preferred under Article 227 of the Constitution of India, the quashing has been prayed of the orders filed as Annexure P/I0 and P/12 passed respectively by Second Civil Judge Class-II, Gwalior, in Execution Case No. 47N60-91 and by the Additional District Judge, Gwalior in Civil Revision No. 171/92.

2. Before dealing with the contentions advanced by both the parties, it is relevant to mention here the broad features and facts of the case:

Respondent No.1 Gomti Bai W/o Bhagwandas had filed the suit in the year 1961 against the petitioner for eviction from the suit house on the basis of tenancy. In the suit, she had in the alternative also claimed possession on the basis of her title in the suit property. The suit was decreed by the trial Court. The appeal preferred by the petitioner was also dismissed, confirming the judgment and decree passed by the trial Court.

3. The petitioner had denied the relationship of landlord and tenant. He had asserted his possession on the suit house as owner of the property. His case was that the rent house was an evacuee property and under a conveyance deed, executed by President of India, in his favour, he was the landlord himse
































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