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2014 Supreme(Gau) 55

A.M.SAPRE
RAMKRISHNA MISSION – Appellant
Versus
SAGARMOY DEY – Respondent


JUDGMENT

This is a civil revision filed by the plaintiff/landlord under Section 115 of the Code of Civil Procedure against the order 19.5.2007 passed in Title Appeal No.5 of 2005 by Civil Judge, Karimganj, which, in turn, arise out of the order dated 3.12.2004 passed by Civil Judge (Jr. Division) No.1, Karimganj in Title Suit No.40 of 2004.

By impugned order, the first appellate court dismissed the appeal filed by the petitioner herein and affirmed the judgment/decree passed by the trial court which had dismissed the suit filed by the petitioner against the respondent for his eviction from the suit house.

So the short question, which arises for consideration in this revision petition, is whether two courts below were justified in dismissing the plaintiff’s suit for eviction filed against the defendant (respondent herein) from the suit house?

Facts of the case lie in a narrow compass. They however need mention in brief infra.

The petitioner is a plaintiff whereas the respondent is the defendant. The dispute in this case relates to and arises out eviction of the respondent from the suit house.

The petitioner (plaintiff) filed a suit out of which this revision arises against the respo















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