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2005 Supreme(Gau) 566

BIPLAB KUMAR SHARMA
Umadutt Jhunjhunwala – Appellant
Versus
Suraj Kr. Longani – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: G.S. Massar and A.S. Siddique, Advs.
For Respondents/Defendant: D.K. Mishra and B.K. Deb Roy, Advs.

JUDGMENT

B.K. Sharma, J

1. This revision application is directed against the judgment and order dated 13.11.2000 passed by the Appellate Court, i.e. the learned District Judge, Shillong reversing the judgment and decree dated 24.07.1998 passed by the learned Munsiff decreeing the suit in question in favour of the Plaintiff who is the Appellant in this appeal. The Plaintiff/Appellant filed Title Suit No. 9(SH)/88 for ejectment of the Defendant/Respondent from the suit premises and for delivery of the vacant possession of the suit premises to the Plaintiff by evicting the Defendant, his family members, employees, workmen and all others found living in the suit premises with the Defendant.

2. As per the statement made in the plaint, the Plaintiff-Appellant is the owner of holding No. 34 at Police Bazar, Shillong and the Defendant/Respondent has been in occupation of the first floor of the two storied building within the same holding as monthly tenant of the Plaintiff at a rental of Rs. 500/- per month payable in advance within the first week of each current month.

3. The Defendant entered into a tenancy agreement with the Plaintiff on 16.12.1972 for a period of ten (10) years from 01.01.1































































































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