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2011 Supreme(MP) 727

SHANTANU KEMKAR, PRAKASH SHRIVASTAVA
Mohammed Shafi – Appellant
Versus
Abdul Wahid – Respondent


Advocates:
A.K. Chitale with S. Kochatta for petitioner;
A.K. Sethi with H. Joshi for respondent.

ORDER

1. This review petition under Order 47 rule 1 read with section 151 of the CPC is directed against the judgment dated 24th November, 2010 passed in Second Appeal No.1307/2005.

2. In brief, the review petitioner was defendant in Civil Suit No.164-A/2002 filed by the respondent seeking eviction from the tenanted premises under the provisions of M.P. Accommodation Control Act, 1961. The suit was opposed by the petitioner inter alia on the ground that no landlord tenant relationship exist and he was the owner of the suit premises. The trial Court had decreed the suit on the ground of denial of title. The first appellate Court had allowed the appeal and dismissed the suit on the ground that the relationship of landlord tenant was not established. The Second Appeal No.1307/2005 has been allowed by the learned Single Judge recording concession of the counsel for petitioner and granting time to the petitioner to vacate the suit premises. In view of the fact that the learned Single Judge who had passed the said judgment has demitted the office, the present review petition is placed before the DB in terms of rule 13(1)(b)(ii)(1) of Chapter IV of the High Court of M.P. Rules, 2008.

3. Lear





























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