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2013 Supreme(Gau) 617

BROJENDRA PRASAD KATAKEY
Swapan Kumar Saha – Appellant
Versus
Biswa Nath Sureka – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. M.U. Mahmud, Mr. A.T. Sarkar, Mr. M. Hussain, Mr. S. Hussain and Mr. H.R. Choudhury
For Respondents/Defendant: Mr. G.N. Sahewalla (Sr. Adv.), Ms. M. Baruah, Md. Aslam, Mr. D. Senapati, Mr. U. Dutta and Ms. K. Kalita

JUDGMENT

Brojendra Prasad Katakey, J.

1. This revision petition is directed against the judgment and order dated 20.06.2012 passed by the learned Addl. District Judge (FTC), Bongaigaon, in Title Appeal No. 2/2011, dismissing the appeal preferred by the revision petitioner/tenant, by affirming the judgment and decree dated 05.09.2001 (decree drawn on 12.09.2001) passed by the learned Civil Judge (Jr. Division), Bongaigaon, in Title Suit No. 42/1993, whereby and whereunder the suit of the present respondent/landlord, filed under the provisions of the Assam Urban Areas Rent Control Act, 1972 (in short the 1972 Act), for eviction of the revision petitioner/tenant from the suit premises on the ground of defaulter, has been decreed. The respondent/landlord instituted the aforesaid suit, under the provisions of the 1972 Act, for eviction of the revision petitioner/tenant from the suit premises on the ground of defaulter and bonafide requirement, contending inter alia that though the plaintiff and the defendant had entered into a rental agreement w.e.f. 11.08.1989 for letting out the suit premises at a monthly rent of Rs. 800/-, for a period of 3(three) years ending on 31.07.1992 and the def













































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