SULEMAN Vs. GOPAL MURTI DUBEY

JUDGEMENT

(1.) Learned counsel for the rival parties are heard on the question of admission and IA No.2541/2012 seeking vacation of the ex parte stay order passed by this Court on 30.9.2011, whereby operation of the impugned judgments and decree passed by the learned Courts below have been stayed. Records of both the Courts below are perused.

(2.) A perusal of the order of the first appellate Court passed on 15.9.2011 elicits that while upholding rejection of the application under Order 21 Rule 97, CPC filed by the appellant herein, the first appellate Court held as follows : -

(3.) In fact both the Courts below while dealing with the application under Order 21 Rule 97, CPC have categorically found the appellant to be the servant of the landlord, who is attempting to usurp the status of tenant.