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2004 Supreme(SC) 247

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
MANIK LAL MAJUMDAR – Appellant
Versus
GOURANGA CHANDRA DEY – Respondent


Judgment

SHIVARAJ V. PATIL, J,- A few facts, which are considered necessary and relevant for disposal of this appeal, in short and substance, are the following:

Respondent I filed a petition for eviction under Section 12 of the Tripura Buildings (Lease and Rent Control) Act, 1975 (for shon "the Act") on the grounds of bona fide requirement and default in payment of rent. The Rent Control Court held that the claim of bona tide requirement was not proved. However, it found that the appellants were defaulters in payment of rent and directed the appellants to hand over the possession of the building in question to Respondent 1. The appellants filed RCC Appeal No. 4 of 1995 under Section 20 of the Act before the Civil Judge (Senior Division), West Tripura against the said order of the Rent Control Court. The learned Civil Judge, a after hearing the parties, dismissed the appeal holding that the appellants failed to deposit the arrears of rent as directed by the Rent Control Court and the appeal filed by them without making deposit of arrears of rent was not maintainable in view of Section 13(1) of the Act. Thereafter, the appellants filed revision petition in the Court of the District Ju





























































































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