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2004 Supreme(Gau) 586

H.N.SARMA
Gopika Ranjan Chakraborty – Appellant
Versus
Amulya Kumar Bhattacharjee – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: N. Choudhury and J. Roy, Advs.
For Respondents/Defendant: B.C. Das and B.K. Purakayastha, Advs.

JUDGMENT

H.N. Sarma, J.

1. This revision petition has been filed by the petitioner tenant praying for revising the judgment and decree passed by the learned Civil Judge, Sr. Divn, No. 1, Silchar, Cachar in Title Appeal No. 23/99 dismissing the appeal and upholding the judgment and decree dated 16-2-1999 and 2-3-1999 passed by the learned Civil Judge, Jr. Divn. No. 2, Silchar in Title Suit No. 93/95 decreeing the suit for eviction of the petitioner defendant, under the revisional jurisdiction of this High Court in exercise of power under Section 115 of the CPC.

2. I have heard Mr. N. Choudhury, learned counsel appearing for the petitioner as well as Mr. BC Das, learned counsel appearing for the respondents. Mr. N. Choudhury during the course of his argument led me to the facts of the case to some extent. It appears from the record that Title Suit No. 93/95 was filed by the respondent landlord in the court of Sadr Munsiff No. 1, Silchar impleading the petitioner as defendant. Initially the suit was filed against the petitioner but later on by way of amendment the pro forma respondent No. 2 was also impleaded as defendant No. 2 in the suit. The plaintiff's suit, inter alia, is that the p























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