Devi Tent House vs Prafulla Chandra Patra
2023 Latest Caselaw 13981 Ori

                                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                          RSA NO. 427 OF 2023
                                   Devi Tent House                       ....               Appellant
                                                                          Mr.B.C. Panda, Advocate
                                                                -versus-
                                   Prafulla Chandra Patra                ....            Respondent
                                                                         Mr. Rajjeet Roy, Advocate,
                                                                                        (Caveator).
                                             CORAM:
                                             MR. JUSTICE D.DASH
                                                               ORDER

08.11.2023 RSA NO.427 OF 2023 & Order No. I.A. NO.1189 OF 2023

01. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. Learned Counsel for the Appellant files a Memo by annexing the certified copy of the Trial Court judgment and decree in Court today, which is taken on record.

3. Upon hearing Mr. B.C. Panda, learned Counsel for the Appellant and Mr. Rajeet Roy, learned Counsel for the Respondent-Caveator assist the Court for hearing of this Appeal.

4. The Appeal is admitted to answer the following substantial question of law:-

"Whether the Courts below are right in holding that there has been due termination of tenancy between the Plaintiff and the Defendant as required under section-106 of the Transfer of Property Act, 1982?"

5. On consent of the learned Counsels for the parties, the Appeal is heard on merit to answer the above substantial question of law.

6. Hearing being concluded.

Judgment is reserved.

It is hereby ordered that further proceeding in Execution Case No.02 of 2023 in the Court of Civil Judge (LR & LTV), Bhubaneswar, Signature Not Verified shall remain stayed till pronouncement of the Judgment. Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 09-Nov-2023 17:27:00 (D. Dash), Judge.

Narayan