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2020 Supreme(MP) 386

NANDITA DUBEY
Saroj Dubey – Appellant
Versus
Janardan Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Sudipta Choubey, adv
For the Respondent: Shri Bhupendra Mishra, adv

ORDER :

Present appeal by the defendants is filed against the order dated 06.05.2014, passed by Second Additional District Judge, Rewa in MJC No.96/2011, whereby their application under Order 9 Rule 13 of the C.P.C. has been rejected.

2. Original plaintiff Guruprasad filed a suit for declaration and permanent injunction against defendants No.2 and 3. Defendants filed their written statement refuting the allegations in the plaint. In addition, counter claim was also filed, inter alia contending that defendants No.2 and 3 are the owner of house No.41/21, and plaintiff was a tenant in the suit house. It was further alleged that Satyanarayan, father of defendants No.2 and 3 and plaintiff were real brothers. Satyanarayan died in the year 1988. As defendant No.2 was working in the PWD department at Shahdol, he gave one portion of the suit house on rent at the rate of Rs.75/-per month to his uncle Guruprasad. However, Guruprasad stopped paying rent from 04.07.2000. A registered notice, terminating the tenancy and vacating the house premises was, therefore, sent to the plaintiff. The plaintiff, however, instead of vacating the premises, denied the title of defendant No.2. On enquiry, defenda

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