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2002 Supreme(SC) 1198

Ram Nibas Gagar – Appellant
Versus
Debojyoti Das – Respondent


ORDER

In the year 1981, the landlords-respondents filed a suit for eviction of the tenant-appellant from a shop situated on the ground floor and a room situated on the first floor alleging that the premises were required bonafide by the landlord for his own occupation mainly for commencing cloth business in the shop, a ground available under Section 5(1)(c) of the Assam Urban Areas Rent Control Act, 1972. The ground for eviction was held to be proved by the Trial Court as also by the Appellate Court. A revision preferred by the tenant in the High Court was also dismissed. This is an appeal filed by the tenant by special leave.

2. So far as the finding of the Trial Court upheld by the first Appellate Court and by the High Court in revision based on the averments made in the plaint is concerned, no fault can be found therewith. What we are called upon to consider in this appeal is the impact of subsequent events to which the tenant-appellant invited the attention of the first Appellate Court as also of this Court by moving applications. We will deal with the two applications to examine if any of the two applications satisfied the requirement of bringing such subsequent events on r





















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