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2018 Supreme(Gau) 207

A.K.GOSWAMI
RIKHAM CHAND BABULAL AND 3 ORS REP. BY SRI RIKHAM CHAND SURANA – Appellant
Versus
KUNJALAL SUREKA AND SONS HUF, A HINDUR UNDIVIDED FAMILY, REP. BY ITS KARTA SRI ASHOK SUREKA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. S. BAROOAH, D AGARWAL
For the Respondent: B.K. JAIN

JUDGMENT AND ORDER :

Heard Mr. S. Barooah along with Mr. D. Agarwal, learned counsel appearing for the petitioners. Also heard Mr. B. K. Jain, learned counsel appearing for the respondents.

2. This Civil Revision Petition under Section 115 of the CPC was filed against the judgment and decree dated 15.03.2016, passed by the learned Additional District Judge No. 2, Kamrup (Metro), at Guwahati, in Title Appeal No. 80/2014, dismissing the appeal and affirming the judgment and decree dated 20.06.2014, passed by the learned Munsiff No. 1, Kamrup (Metro) at Guwahati, in Title Suit No. 463/2010, decreeing the suit of the plaintiff/landlord for ejectment of the defendants from the suit premises, which is a flat measuring 576 Sq. ft. (24 X 24 feet) situated on the third floor of an RCC building and for arrear rent for the period from July, 2003 till the suit premises is vacated @ Rs. 781.00 per month, which is the amount of monthly rent, etc.

3. The suit was filed under the provisions of the Assam Urban Areas Rent Control Act, 1972 (for short, “the Act”). For better appreciation, Section 5(1) and Section 5(4) of the Act, which are relevant for the purpose of this case, are reproduced herein bel















































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