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2017 Supreme(Gau) 598

KALYAN RAI SURANA
Niyoti Deb, wife of Late Nani Gopal Deb – Appellant
Versus
Ahmed Tea Company (Private) Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. A. Biswas
For the Respondent: Mr. N. Dutta, Mr. B. Talukdar

JUDGMENT AND ORDER :

Heard Mr. Arnab Biswas the learned counsel for the petitioner as well as Mr. N. Dutta learned Senior Counsel assisted by Mr. B. Talukdar learned counsel appearing for the respondent.

2. This revision under section 115 of the Civil Procedure Code has been filed by the petitioner/defendant to challenged the judgment and order dated 08.02.2017 passed by the learned Civil Judge, Dhubri in Title Appeal No. 27/2013, thereby upholding the judgment and decree dated 13.02.2013 passed by the Court of Munsiff No. 1, Dhubri in Title Suit No. 74/2006 for eviction of the defendant petitioner and for recovery of arrear rent.

3. The respondent/plaintiff is a company registered under the Companies Act, 1956. The respondent/plaintiff had instituted a suit against the predecessor-in-interest of the present petitioners, Shri Nani Gopal Deb for his eviction on the ground of default as well as on the ground that the suit premises was bona fide required for construction of RCC building for doing business therefrom.

4. The brief case of the parties is that on 01.12.1957, the predecessor in interest of the petitioner was inducted as a tenant in respect of an Assam type house, from where a























































































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