1996 (1) TMI 481

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.... Therefore, notice on 3rd respondent must be deemed to have been served. Respondents 1 & 2 are represented by Mr. G.S. Chatterjee. Leave granted. The respondents filed Suit No.19/75 on May 19, 1975 for eviction of the tenant Harkesh Rai Agarwal on three grounds, namely, default, sub-letting and personal requirement. The suit was dismissed on August 25, 1975. Again another suit was instituted on ....

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....the decree for eviction on compromise is a nullity. That apart, the property belongs to four persons and three brothers made an admission prior to partition that the appellant is in possession of a room admeasuring 15' x 30' as tenant and admittedly it fell to the share of Lunkaran Singhi. In view of those admissions made by the co-owners who have got joint interest and made their admissio....