Orissa Court December 2000 Judgments

Dr. Laxminarayan Mohapatra Vs. Sohini Bahar Sur and Others

Court: Orissa

Reported in: 91(2001)CLT144

A.S. Naidu, J.1. The plaintiff has filed this application under Articles 226 and 227 of the Constitution of India, challenging the legality of the order dated 29-7-98 passed by the learned District Judge, Puri in Civil Revision No. 31 of 1998 by which he has confirmed the order of the trial court, rejecting his application under Order 6, Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code').2. Bereft of all unnecessary details, the uneontroverted facts of the case are as follows :The disputed property is a lease-hold land situated in Puri town. Opposite party No. 1 was the lessee in respect of the said land under the Puri Municipality. He entered into an agreement to alienate the said property in favour of the petitioner and received a sum of Rs. 20,000/- towards part performance. Later, on the request of the petitioner, opp. party No. 1 agreed to sell the property to his son accordingly an application was filed before the Puri Municipality to accord permission...