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2017 Supreme(Gau) 894

PRASANTA KUMAR DEKA
AMARCHAND INDERCHAND, A PARTNERSHIP FIRM HAVING ITS OFFICE AND PLACE OF BUSINESS – Appellant
Versus
ON THE DEATH OF ANANDI DEVI JALAN, HER LEGAL HEIRS, BISWANATH JALAN S/O- LT. ANANDI DEVI JALAN – Respondent


Advocates Appeared:
For the Appellant :Mr. G N Sahewalla & Ms. B Sarma Advocate
For the Respondent: Mr. D Mazumdar & Mr. S K Sanganeria

JUDGMENT AND ORDER :

1. This Revision Petition challenges the judgment and decree dated 22.04.2016 passed by the learned Civil Judge No.2, Kamrup(M), Guwahati in Title Appeal No.36/2010. The said Title Appeal arose out of the judgment and decree dated 26.02.2010 passed by the learned Munsiff No.2, Kamrup(M), Guwahati in Title Suit No. 238/1996 (new) 50/85(old). The mother of the present respondents as the sole plaintiff filed Title Suit No.238/1996 against the present petitioners/defendants for ejectment from the suit premises on the ground of defaulter and bonafide requirement. It is the case of the plaintiff/respondent that the suit premises was taken on rent by the defendants/petitioners on monthly rent @ Rs.1001/- payable by the defendants/petitioners after expiry of every month. The defendants/petitioners paid rent up to the month of June, 1984 but did not pay rent for the subsequent months as such the defendants/petitioners are defaulter. The suit premises is required by the plaintiff/respondent for personal use as she is residing in a rented house. Moreover, the unemployed son of the plaintiff/respondent, Biswanath Jalan wanted to start business in the suit premises. Accordin



























































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