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2006 Supreme(Gau) 469

B.BISWAS
Keshab Ch. Singha – Appellant
Versus
Moulovi Abdul Matin Choudhury – Respondent


JUDGMENT

D. Biswas, J.

1. This revision petition under Section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 31.8.2004 passed by the learned District Judge, Karimganj in Title Appeal No. 8/2003.

2. I have heard Mr. DC Borah, learned Counsel for the revision petitioners and Mr. B.K. Goswami, learned senior counsel assisted by Mrs. T. Goswami, learned Counsel for the respondents.

3. The respondents, as plaintiffs, instituted Title Suit No. 306/83 in the Court of Civil Judge (Jr. Divn.) No. 1, Karimganj praying for a decree for eviction of the principal defendants (revision petitioners), recovery of khas possession and for payment of arrear rent. Plaintiffs' case is that they are the owners of the suit premises which they inherited from their predecessor-in-interest. A part of the land and houses described in the schedule to the plaint was let out on rent to the defendant Nos. 1 and 2 on a rent of Rs. 65 per month. On the same terms and conditions, the other part was also let out to the defendant Nos. 1 and 2 on a rent of Rs. 65 per month. The rent, as agreed, was payable on the last day of every Bengali month. The defendant Nos. 1 and 2 paid rent ti














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