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2004 Supreme(Gau) 593

H.N.SARMA
Niharedu Majumder – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: B. Das, R.C. Debnath and N. Majumdar, Advs.
For Respondents/Defendant: D. Chakraborty, Adv.

JUDGMENT

H.N. Sharma, J.

1. This first appeal arises out of the judgment and decree dated 24.7.1996 and 29.7.1996 respectively by the learned Civil Judge (Senior Division), Court No. 1, West Tripura at Agartala dismissing the Money Suit No. 6 of 1990 filed by the plaintiff-appellant.

2. The appellant and plaintiff filed the aforesaid suit for recovery of rent with interest from the defendants. The case of the plaintiff-appellant is that he is the owner and possessor of a holding at Ramnagar Road No. 7 as described in the schedule of the plaintiff. The said holding contains 2 buildings and one of the said buildings was leased out to the District Inspector of Social Education, Government of Tripura on monthly rental basis with effect from 1-1-1986. The parties entered into an agreement containing necessary stipulation of them lease, according to which the rent of the building would be fixed as per assessment as well as fair rent certificate to be issued by the Public Works Department, Government of Tripura. It is the further case of plaintiff-appellant that the plaintiff-appellant on good faith lease out the building to the defendants thinking that the assessment could be made by the Pu





























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