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2015 Supreme(Gau) 328

HRISHIKESH ROY
Prasanta Kumar Bose @ Prasanta Bose – Appellant
Versus
Subrata Kumar Dey – Respondent


Advocate Appeared:
For the petitioner:Mr. G.N. Sahewalla, Sr. Advocate., Ms. S. Senapati, Mr. P. Deka Advocates.
For the respondents:Ms. P. Chakraborty, Ms. G. Deka, Ms. A. Das Advocates

JUDGMENT :

Heard Mr. P. Deka, the learned Counsel appearing for the petitioner (plaintiff). Also heard Ms. P. Chakraborty, the learned Counsel appearing for the respondents (defendants).


2. The respondents are the tenants in respect of the Assam Type House under Holding No.326, Ward No.23 of Silchar town where the tenants and their predecessor operated a grocery shop in the suit premises. The Title Suit No.75/2004 was filed by the landlord under the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as “the Rent Act”) for ejectment of the tenant by pleading rent default from April 2004 to July 2004 and also claiming bona fide requirement for the business of the plaintiff’s 2nd son Archit Bose. The original tenant Sunil Dey was the predecessor of the respondents and after his death on 3.6.2004, the defendants became the successor tenants. According to the landlord, the rent was regularly received from the tenant Sunil Dey until March 2004 but thereafter when the tenant fell ill, the rent remained unpaid from April 2004 and the successors did not make the payment despite demand of the landlord. It was further pleaded that the plaintiff’s younger son has remained unemplo













































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