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2016 Supreme(Gau) 130

N.CHAUDHURY
On the death of Nopatrai Khemka his legal heirs, Sushila Devi Khemka – Appellant
Versus
Sabitri Devi Kejriwal – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.Z. Ahmed, Senior Advocate, Mrs. B. Dutta, Mr. A. Dutta and Mr. D. Choudhury, Advocates.
For the Opposite Parties :Mr. G.N. Sahewalla, Senior Advocate, Ms. B. Sarma and Ms. R. Jain, Advocates.

ORDER :

1. In this revision petition preferred by tenants the concurrent findings of learned two courts below have been challenged. The eviction suit filed by the landlord was decreed by the learned trial court by judgment and decree dated 13.12.2006 in Title Suit No.70/2002 and Title Appeal No.4/2007 filed there against by the tenants was dismissed by the learned First Appellate Court on 16.07.2008.

2. It is necessary to narrate the brief facts as pleaded by the parties in the present proceeding. The plaintiffs, namely, Smti. Savitri Devi Kejriwal and Smti. Gita Devi Thard, instituted Title Suit No.70/2002 in the court of learned Civil Judge (Junior Division) No.1 at Dibrugarh against as many as 13 defendants out of which 12 are principal defendants and one is proforma defendant. It is stated in the body of the plaint that Late Madanlal Khemka being Karta of M/s Nopatrai Ramavatar, a Hindu Undivided Family, came to occupy the suit premises under the proforma defendant No.13 as a tenant agreeing to pay Rs.130/- per month at the end of each month as per English calendar and also agreeing to pay the municipal taxes regularly. Upon death of Madanlal Khemka tenancy devolved on his legal














































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