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2017 Supreme(SC) 849

JAGDISH SINGH KHEHAR, D. Y. CHANDRACHUD, SANJAY KISHAN KAUL
Manjusree Chakraborty – Appellant
Versus
M. Ahmed Bhuyan & Co. – Respondent


Advocates Appeared:
For the Petitioners: Parthiv K. Goswami, Ms. Diksha Rai and Sagar Vaish
For the Respondents: Ms. Priya Hingorani, Azim H. Laskar, Sachin Das and Chandra Bhushan Prasad

ORDER :

Dr. Lalit Kumar Chakraborty filed a suit in the Court of Civil Judge (Junior Division), Dibrugarh, in the year 2000, seeking the eviction of the defendants therefrom. The trial court dismissed the above suit on 23.02.2005. The judgment rendered by the trial court, was assailed before the learned Civil Judge (Senior Division), Dibrugarh, by way of an appeal. The said appeal was allowed on 22.08.2008. The defendants in the suit assailed the judgment dated 22.08.2008, before the Gauhati High Court by preferring C.R.P. No.417/2008. The High Court accepted the above petition, on 19.05.2015. A challenge is now raised against the above order dated 19.05.2015, passed by the High Court, through the instant special leave petition.

2. Leave granted.

3. Even though eviction of the respondent-tenant herein, was sought on various grounds, we shall deal with the singular ground of non-payment of rent. The relevant statutory provision, which was relied upon by the learned counsel representing the appellant-landlord, was Section 5(1)(e) of the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as the "1972 Act"). It is also relevant to mention, that reliance was also placed on S





































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