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1975 Supreme(MP) 91

U.N.BHACHAWAT
TRIVENIDEVI NARAINDAS – Appellant
Versus
VIJAY MOHAN BOSE – Respondent


Advocates Appeared:
H.B.MANGAL, M.M.Kaushik,

JUDGMENT :

( 1. ) THIS is a revision petition under section 115 of the Code of civil Procedure (hereinafter referred to as the Code) arising out of the order dated 22-7-1974 in the Civil Original Suit No. 28-A of 1972 of the Third additional District Judge, Gwalior, whereby the trial of the suit has been stayed till the decision of Civil Original Suit No. 26-A of 1972, pending in his Court.

( 2. ) THE material facts, briefly stated, essential for the decision of the question in controversy are these: The applicant has filed this Suit No. 28-A of 1972 (hereinafter referred to as the present suit) against the non-applicant for his ejectment from House No. 34/3 (hereinafter referred to as the disputed property) and recovery of arrears of rent on 20-11-1974 on the basis of contract of tenancy. The applicant has, in her suit, alleged that she has purchased the disputed property vide registered sale-deed, dated 25-9-1967 and is in possession of it since then; that the non-applicant is occupying the suit property as a tenant from 1-12-1969 at a rent of Rs. 225 per month, acknowledging which he has executed a rent note in favour of the applicant on 5-12-1969 ; that the non applicant is in ar





























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