Orissa Court June 1963 Judgments
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Krushna Chandra Sahoo Vs. Indramani Sahu and ors.
Court: Orissa
Decided on: Jun-20-1963
Reported in: AIR1984Ori49
ORDERR.C. Patnaik, J.1. The short question for de-termination in this revision is whether the objection raised by the petitioner to the executability of the decree for eviction was barred by principle of res judicata.2. Opposite parties 1 to 8 filed T. S. No. 148/71 for eviction of the petitioner from the house occupied by him as tenant. The suit was filed on 5-5-1951 when the Orissa House Rent Control Act. 1950 was in force. A decree for eviction was passed on 17-2-1962 when the Orissa House Rent Control Act (Act 31 of 1958) was in operation.3. It was conceded at the Bar that the suit for eviction of the petitioner-a tenant was not entertainable by the Civil Court and no decree for eviction could have been passed. It was show-ever, urged by the counsel for the opposite parties that the question of absence of jurisdiction of the Civil Court to entertain a suit for eviction was neither raised in the suit nor in the appeal carried from the decree, so the principle of res judicata preclud...
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