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2006 Supreme(Gau) 152

B.S.REDDY, H.N.SARMA
Sobha Biswas – Appellant
Versus
Ranjit Lodh – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: S.S. Sharma, K.K. Bhatra, S. Sanganeria, N. Choudhury, S.C. Kayaland S.K. Ghosh, Advs.
For Respondents/Defendant: B.K. Goswami, T. Goswami, B.K. Dey, T. Roy, D. Choudhury and A.K. Pal, Advs.

JUDGMENT

H.N. Sarma, J.

1. These two revision petitions have been referred by the learned single Judge to the Division Bench for resolving the conflict that was noticed in the judgment of this Court rendered in Mahadeo Prasad Agarwala and Ors. v. Sohanlal Garodia and anr, reported in 1991 (GHC) 26A(NOC) and in Abdul Matin Choudhury and anr, v. Nityananda Dutta Banik, reported in 1997 (2) GLT 590. The conflict that was noticed by the learned single Judge relates to the requirement to pay the monthly rent by a tenant to the landlord during the pendency of an ejectment suit filed by the landlord against the tenant failure of which the Appellant would entitle eviction, even though the default relates to period after filing of the eviction suit. In case of Abdul Matin Choudhury and Anr. (Supra) it has been held that such a liability to pay the monthly rent to the land lord subsists even the eviction suit is pending and in case of default the land lord may bring the same to the notice of the Court by a prudent manner for getting decree of ejectment against the tenant. In the case of Mahadeo Prasad Agarwala and Ors. (supra) it has been held that in an ejectment suit on the ground of default
















































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