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2018 Supreme(Gau) 125

KALYAN RAI SURANA
RAJKUMAR AGARWALLA S/O LATE DURGA DUTTA AGARWALLA – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.C. Sarma, Mr. A. Sarma, Mr. P. Pator, Mr. M.P. Goswami
For the Respondent: Mr. K.K. Dey

JUDGMENT :

Heard Mr. A.C. Sarma, the learned Senior counsel, assisted by Mr. G. Bhardwaj, the learned counsel for the appellant as well as Mr. K.K. Dey, the learned counsel appearing for the respondents.

2. This appeal under section 96 of Civil Procedure Code (CPC for short) is directed against the judgment and decree dated 06.01.2009 passed by the learned Civil Judge No. 3, Kamrup (M), Guwahati in T.S. No. 235/2003, by which the suit of the appellant was dismissed.

3. The said suit was instituted by the appellant for declaration, realization of money, compensation and damages. As per the plaint, the case in brief is that the appellant is the owner of two storied RCC building situated at Rangia Town, which originally belonged to his father. In the year 1968, his father had let out the ground floor of the building to the respondents for Rangia Branch of the State Bank of India. In course of time, his father had constructed the first floor as per requirement of the bank and the premises was lease out by an Agreement dated 13.03.1995. The said lease was renewed from time to time and the agreement was to expire on 31.12.2003. From the Assam Tribune dated 30.09.2002, the appellant came to

























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