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Auto Center, Nokha vs. Sri. Kant & Anr.

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Code of Civil Procedure, 1908–Order 6, Rule 17–Rent Control & Eviction–During the pendency of appeal, petitioner sought to take on record the subsequent event of selling the part of property by landlord–Rejection of application–The only legal issue will be whether the subsequent event of sale of part of the total property can be a ground to deny the bonafide requirement of the landlord–Finding of Court below that the subsequent event has no relevance to the original cause of action to be set aside–These findings could not have been given at the time of deciding the application–A liberty is given to both the parties to raise the issue of relevancy of subsequent sale on the original claim of the land-lord.