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2017 Supreme(Gau) 644

KALYAN RAI SURANA
Rajesh Pincha – Appellant
Versus
Mahesh Kumar Rathi – Respondent


Advocates Appeared:
For the Petitioner: Mr. AC Das, Mr. DK Das, Mr. H Betala
For the Respondent: Mr. SC Keyal, Ms. P. Baruah

JUDGMENT AND ORDER :

Heard Mr. A.C. Das, learned counsel assisted by Mr. H. Betala, the learned counsel appearing for the petitioner as well as Mr. S.C. Keyal, learned counsel assisted by Ms. P. Barua, the learned counsel appearing for the respondent.

2. By this application filed under section 115 of the Civil Procedure Code, the petitioner has challenged the first appellate judgment dated 30.11.2015, passed by the learned Civil Judge, Jorhat, in Misc. (J) Appeal No. 7/2014. By the said judgment, the order dated 28.08.2014 passed by the learned Munsiff No.1, Jorhat was set aside and consequently, the application filed by the respondent-plaintiff under section 6 and 7 of the Assam Urban Areas Rent Control Act, 1972 for restoration of electricity connection and to repair the northern side wall was allowed.

3. In view of the issue raised in the present application, with the consent of the learned counsels for the parties, the matter was taken up for disposal at the admission stage.

4. The case of the respondent- plaintiff is that since the year 1975, his father was the tenant of the petitioner in respect of two separate premises, viz., (i) Shop No. 4 consisting of old tin shed premises, a


























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