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2019 Supreme(Gau) 585

PRASANTA KUMAR DEKA
Shyan Sundar Debnath – Appellant
Versus
Nabendu Kishore Sinha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.K. Purkayastha, Advocate
For the Respondent:D. Mazumdar, Sr. Advocate, S. Biswas, Advocate and J. Kakoti

JUDGMENT :

PRASANTA KUMAR DEKA, J.

1. Heard Mr. A.K. Purkayastha, the learned counsel for the petitioner. Also heard Mr. D. Mazumder, the learned Senior Counsel assisted by Mr. S. Biswas, the learned counsel for the respondent.

2. In this revision petition, judgment and decree dated 16.06.2016 passed by the learned Civil Judge No. 1, Cachar at Silchar in Title Appeal No. 20/2014 is put under challenge.

3. The present petitioner is the plaintiff in Title Suit No. 12/2009 in the learned Court of Munsiff No. 2, Cachar at Silchar filed against the sole defendant/respondent for restraining the defendant/respondent from ejecting him from the tenanted premises which is the suit premises without due process of law by way of injunction. It is the case of the plaintiff/petitioner that he was a tenant under late Nanda Kishore Singha, the father of the defendant/respondent with respect to the suit premises at a monthly rent of Rs. 500/-. After the death of late Nanda Kishore Singha, the three brothers of the defendant/respondent namely, Niresh Kishore Singha, Nripendra Kishore Singha and Nagendra Kishore Singha, renewed the tenancy in favour of the plaintiff/petitioner by way of an agreement dated

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