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2011 Supreme(MP) 223

N.K.MODY
Bhagwan Singh – Appellant
Versus
Late Shri Harishchandra – Respondent


Advocates appeared:
Bhargava for applicant; Vivek Patwa, Government Advocate for respondent No.2; A.K. Sethi and Harish Joshi for respondents No. 11 and 12.

ORDER

1. Being aggrieved by order dated 3.09.2010 passed by District Judge, Indore in M. C. Case No. 133/2010 whereby an application filed by the petitioner under section 24 of CPC for transfer of the civil suit No. 85-A/08 pending before XII Civil Judge, Classs 2, Indore to the Court of VII Additional District Judge, Indore where CS No. 12-A/2010 is pending, was dismissed, present petition has been filed.

2. Short facts of the case are that respondent No. 11 and 12 filed a suit against the petitioner on 4.2.2008 alleging that the petitioner is a tenant in the suit accommodation. It was alleged that decree of eviction be passed under section 12 (1) (a) (e) in the Accommodation Control Act (hereafter shall be referred to as "the Act"). The suit was registered as CS No. 85-A/2008 in the Court of XII Civil Judge, Class 2, Indore. Therefore, a suit was filed by the petitioner on 15.2.2010 for specific performance of the contract wherein it was alleged applicant entered into a agreement to purchase the suit property for a consideration of Rs. 1,32,000/-, therefore, a decree for specific performance be passed. Civil Suit filed by the petitioner was registered as CS No. 12-A/ 2010 in the C













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