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1987 (2) TMI 251 - SC - Indian LawsSuit for eviction filed by the Landlord - Held that:- In the present case, in the proceeding to set aside an ex-parte order, the Court recorded an express finding that the landlord had agreed to withdraw the suit and receive the rent from the tenant. That was a finding which was binding on the landlord at later stages of the proceeding. He could have questioned the finding before the appellate authority and the High Court in the appeals preferred by the tenant. He did not choose to do so. In fact he could not do so as he had earlier thought it prudent not to enter the witness box though he put the question in issue in the proceeding to set aside the ex-parte order by contesting the statement of the tenant. In the circumstances we allow the appeal, set aside the judgments of the High Court and subordinate tribunals and dismiss the petition for eviction.
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