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2007 Supreme(Gau) 616

I.A.ANSARI
Arunamayee Bishaya – Appellant
Versus
Rabindra Kumar Bora – Respondent


JUDGMENT

I.A. Ansari, J.

1. By this Civil Revision Petition, the plaintiffs, as landlords, have put to challenge the judgment and decree, dated 28.07.2000, passed by the learned Civil Judge (Senior Division), No. 1, Kamrup, in Title Appeal No. 38/99, allowing the appeal and reversing thereby the judgment and decree, dated 26.03.99, passed, in Title Suit No. 17/87, whereby the learned Civil Judge (Junior Division), No. 1, Kamrup, had decreed the suit on the ground that the defendants were defaulter in making payment of the rent.

2. The material facts and various stages, which have led to the present revision, may, in brief, be set out as follows:

(i) The plaintiffs instituted Title Suit No. 17/87 aforementioned, their case being, in brief, thus: the suit premises, originally, belonged to one Radha Mohan Goenka under whom late Hridayananda Bora, predecessor-in-interest of the defendants, was a tenant at a monthly rental of Rs. 175/-, the rent being payable by the first week of each succeeding month as per the English calendar. By a registered sale deed, dated 29.11.83, the said Radha Mohan Goenka transferred his rights, title and interest in the suit premises to the plaintiffs and thereb





































































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