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Nalakath Sainuddin vs Koorikadan Sulaiman on 8 July, 2002

In view of what has been held above by this Court coupled with the observations made by the Supreme Court in its Judgment in the case of Nalakath Sainuddin (supra), this Court cannot pass a decree for eviction in favour of the plaintiff in absence of a challenge to the impugned Judgment and Decree. However taking into consideration that the Appellate Court having completely failed to exercise the jurisdiction conferred upon it by law under Order XLI Rule 31 of the CPC, the case is remanded back to the First Appellate Court to decide the issue No-4 i.e. issue of defaulter in payment of rent on the basis of the observations made hereinabove which includes the confirmation of the decision in respect to the issue No. 3 to the effect that plaintiff is the landlord of the defendant in respect to the suit premises.
Supreme Court of India Cites 27 - Cited by 67 - R C Lahoti - Full Document
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