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2021 Supreme(Gau) 499

DEVASHIS BARUAH
Gauridutt Sampatlal Somani HUF – Appellant
Versus
Woodsworth – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K.R. Surana.
For the Respondent: Mr. J.C. Gaur.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. P.K. Khataniar, the learned counsel for the petitioners and Mr. J.C. Gaur, the learned counsel appearing on behalf of the respondents.

2. This is a proceeding under Section 115 of the Code of Civil Procedure, 1908 challenging the judgment dated 13.03.2015 passed by the Civil Judge No. 3, Kamrup (Metro), Kamrup, Guwahati in Misc. Appeal No. 1/2014, whereby the judgment dated 22.11.2013 passed in Misc. (J) Case No. 569/2007 was set aside, thereby directing the Trial Court for determination of the standard rent of the tenanted premises as per Section 2 (e) of the Assam Urban Areas Rent Control Act, 1972.

3. The facts of the case, in brief, for the purpose of disposal of the instant proceeding are that the petitioners, as plaintiff filed the suit seeking ejectment of the defendants (the respondents herein) on the ground of default in payment of rent as well as on account of bona-fide requirement. It is the specific case of the petitioners in the suit that the petitioners are the landlords of the suit premises and the defendants (the respondents herein) had been paying rent in respect to the suit premises till the month of October, 2004 and since

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