Learned counsel for the plaintiff/appellant is permitted to correct the array of the parties and renumber them properly.
The suit of the plaintiff/appellant for recovery of possession over the house in dispute and the Sahan land has been dismissed by the courts below.
The submission of learned counsel for the plaintiff/appellant is that admittedly the lease-deed dated 24.3.46 of the land in dispute is in the name of the plaintiff/appellant alone and therefore, the courts below have illegally held that the same belonged to his grand-father and would devolve upon all the brothers and further that the defendants/respondents are occupying the same not as a licencee but otherwise.
Sri P.D. Mishra, has accepted notice on behalf all the three respondents. Therefore, notice need not be issued to any of the respondents.
Lower court record may be called for. Steps be taken within a week.
List for admission/final disposal on the receipt of the record.
Order Date :- 14.9.2010 piyush