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2011 Supreme(Gau) 819

I.A.ANSARI
Sohanlal Sewak – Appellant
Versus
Mohanlalagarwala – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. T. C. Khatri, Mr. P.Mahanta & Mr. S. K. JainAdvocates
For Respondents/Defendant: Mr. K. Agarwal & Mr. R. J. Baruah

JUDGMENT

I.A.Ansari, J.

1. This revision is directed against the judgment and decree, dated 29.09.2007, passed by the learned Civil Judge, Sonitpur, Tezpur, in Title Appeal No.01/2006, setting aside and reversing the judgment and decree, dated 07.10.2005, passed, in Title Suit No.92/99, by the learned Civil Judge, Junior Division No.2, Sonitpur, Tezpur, whereby the suit for eviction of the defendant stood dismissed. Before I come to the merit of this revision, let me take note of the respective cases of the parties concerned.

(i) The case of the plaintiff-opposite party is, in brief, thus:

The plaintiff is the absolute owner and, proprietor of M/s. Mahadeolal Mohanlal of Dhekiajuli Town and the defendant was his tenant in respect of the suit premises with an undertaking to pay monthly rental of Rs.575/-, the rent becoming due on the last day of the current month according to English calendar. The plaintiff's son has been collecting rent for and on behalf of the plaintiff issuing receipts therefor. The defendant paid rent till the month of June, 1999, on 30.06.99 and, thereafter, he failed to pay rent. As the defendant failed to pay rent for the months of July, August, September, Octobe




























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