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2019 Supreme(Gau) 304

PRASANTA KUMAR DEKA
Anil Kumar Ajitsaria – Appellant
Versus
On Death of Utin @ Atindra Chandra Das His Legal Heir Swapan Das – Respondent


Advocates Appeared:
M. Das, Adv., A. Bhattacharjee, Adv., S.S. Dey, Adv., B.D. Deka, Adv.

JUDGMENT :

Prasanta Kumar Deka, J.

Heard Mr. B. D. Deka and Mr. A. Sahewalla, learned counsel for the petitioner and Mr. M. Nath, learned counsel for the respondents.

2. The petitioner as the plaintiff filed T. S. Nos. 100/2015, 101/2015, 103/2015 and 104/2015 in the court of learned Munsiff No.2, Dibrugarh against the tenants respectively. Late Atindra Chandra Das (since deceased), Sri Ratan Chandra Majumdar, Late Bishnapada Dutta(since deceased) and late Subhendra Chandra Das(since deceased) as defendants for their ejectment and recovery of arrear rent. The respective tenanted premises are described in the plaint and the monthly rent are Rs. 180/- in T. S. Nos. 100/2015, 102/2015 and Rs. 300/- in T.S. Nos. 101/2015 and 103/2015. The deceased tenant defendants are substituted by their respective legal heirs. All the suits were dismissed by the trial court holding that the suits were bad for non-joinder of Dibrugarh Municipal Board as the necessary party. Though the findings in all the issues framed by the trial court were common but the judgments were passed individually in each suit. Title Appeal Nos. 9/2015, 10/2015, 11/2015 and 12/2015 were filed in the court of learned Civil Judg

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