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2018 Supreme(Gau) 631

KALYAN RAI SURANA
Anil Kumar Das – Appellant
Versus
Ramen Das – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.D. Deka
For the Respondent: Mr S.P. Roy, Ms. N. Rai

JUDGMENT & ORDER :

1. Heard Mr. B.D. Deka, the learned counsel for the petitioner as well as Mr. S.P. Roy, the learned counsel for the respondents-caveators.

2. By this revision under section 115 CPC, the petitioner has challenged the first appellate judgment and decree dated 27.10.2017, passed by the Court of the learned Additional District Judge No.1, Kamrup (M), Guwahati in Title Appeal No. 7/2014, thereby dismissing the appeal and upholding the judgment and decree dated 07.12.2013, passed by the Court of the Court of the learned Munsiff No.1, Kamrup (M), Guwahati in T.S. No.469/2008, thereby allowing the counter-claim of the respondent/defendant.

3. The petitioner herein is the plaintiff in T.S. No.469/08. He had filed a suit was filed for declaration and injunction. As per the plaint, the petitioner is the tenant in the two Assam Type rooms with covered verandah, one kitchen and one out-house with toilet, assessed under Holding No. 33 of GMC Ward No. 34, which was situated in a plot of land covered by Dag No. 912/1275 (New) of Annual Patta No.4 of Sahar Guwahati Part-VI, under Mouza- Ulubari. It was claimed that the tenancy was subsisting between the petitioner and the respondent









































































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