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2002 Supreme(Gau) 465

RANJAN GOGOI
Assam Cycle Company – Appellant
Versus
Motilal Bothra – Respondent


Advocates Appeared:
T.C.Khetri, B.Choudhary, A.R.Banerjee

RANJAN GOGOI J.-

This revision application, at the instance of the defendant, is directed against the judgment and decree dated 18.3.97 passed by the learned Civil Judge, Senior Division, Sonitpur, Tezpur in Title Appeal No. 1 of 1994. The judgment and decree dated 1.12.93 passed by the learned Sadar Munsiff in Title Suit No. 24 of 1986 dismissing the plaintiffs suit having been reversed by the impugned judgment and decree dated 18.3.97, the present revision has been filed.

2. Title Suit No. 24 of 1986 was instituted by the present opposite parties as plaintiffs praying for a decree of eviction of the present petitioner i.e. the defendant in the suit. According to the plaintiffs, the defendant was a tenant in respect of the suit premises and as per the agreement between the parties, rent was required to be paid after the expiry of each month according to English calendar. The defendant, it was alleged, failed to pay rent for the month of June, 1985 and, therefore, had become a defaulter and was liable to be evicted under the provisions of the Assam Urban Areas Rent Control Act, 1972. The plaintiffs had further averred in the plaint filed that the suit premises were required by them f













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