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2002 Supreme(MP) 51

S.P.KHARE
Prakash Chand Soni – Appellant
Versus
Anita Jain – Respondent


Advocates Appeared:
Pranay Verma, R.S.Jha,

Judgment

( 1. ) THIS is a revision by the defendant against the order by which his application under Section 10, CPC for stay of the suit has been rejected.

( 2. ) DEFENDANT Prakash Chand Soni was tenant of Kesharbai in a portion of house No. 303, Golganj, Chhindwara. She has sold this house to plaintiff Anita Jain by registered sale-deed dated 14-6-1995. She has filed the present Civil Suit No. 53-A of 1998 for eviction of the defendant on 13-1-1997 under various clauses in Section 12 (1) of the M. P. Accommodation Control Act, 1961. The defendant claims that Kesharbai by Agreement dated 17-5-1995 had contracted to sell this house to him and he has instituted Civil Suit No. 16-A of 1997 on 12-2-1997 in the Court of Ist Additional District Judge, Chhindwara for specific performance of the contract of sale against Kesharbai and the present plaintiff Anita Jain. In the eviction suit the evidence of both the sides has been recorded. In the suit for specific performance of contract the evidence has not yet commenced and it has been consolidated with another Civil Suit No. 1-A of 1999 filed by Anil Kumar against Kesharbai. The defendant submitted an application under Section 10, CPC in th









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