Orissa High Court
Md. Sahid@ Shahid & vs Alim Akhat And Another on 1 October, 2024
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No. 166 of 2018
Md. Sahid@ Shahid & ..... Appellant
Sahid Hussain
Represented by
Mr. S. Mohapatra, Adv.
-Versus-
Alim Akhat and another ..... Respondents
Represented by
CORAM:
THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
ORDER
01.10.2024 Order No. 1. This matter is taken up through hybrid mode.
06.
2. Heard Mr. S. Mohapatra, learned counsel for the appellant.
3. Perused the impugned judgments. Considering the submissions made and the grounds raised, the second appeal is admitted on the following substantial questions of law.
"(i) Whether the learned Courts below were justified in directing for eviction of the plaintiff in absence of any valid notice U/s.106 of the Transfer of Property Act duly proved?
(ii) Whether the learned Courts below have committed a patent illegality in decreeing the counter claim of the defendants without determining the question of attornment of tenancy as well as determination thereof"
4. Issue notice to the respondents by registered post with A.D. returnable within four weeks. Requisites be filed within three working days.
Page 1 of 25. Call for the LCR.
4. List this matter in the week commencing 2nd December, 2024.
(Sashikanta Mishra) Judge I.A. No. 324 of 2018 Order No. Subject to deposit of monthly rent by the plaintiff in the
07. Court, further proceeding in the Execution Case No. 2 of 2017 pending in the Court of learned Civil Judge (Jr. Division), Rourkela shall remain stayed.
(Sashikanta Mishra) Judge A.K. Rana Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: PERSONAL ASSISTANT Reason: Authentication Page 2 of 2 Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Oct-2024 20:13:19