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2021 Supreme(Gau) 605

DEVASHIS BARUAH
Zulfiquar Ali – Appellant
Versus
Raju Chaudhury, Son of Late Asrak Ali Chaudhury – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S. Sharma, Advocate
For the Respondent:Mr. A. Sattar, Advocate

JUDGMENT :

Heard Mr. S. Sharma, learned counsel for the petitioners. Also heard Mr. A. Sattar, learned counsel appearing on behalf of the respondents.

2. This is an application under Section 115 of the Code of Civil Procedure challenging the judgment and decree dated 12.03.2020 passed by the Civil Judge No.2, Kamrup(M) at Guwahati in Title Appeal No.66/2017, whereby the judgment and decree dated 22.08.2017 passed by the Munsiff No.2, Kamrup(M) at Guwahati in Title Suit No.214/2014 was affirmed.

3. The brief facts of the case is that the respondents herein as plaintiffs had instituted a suit against the petitioners along with the proforma-respondent nos.3, 4, 5 and 6 for ejectment and recovery of possession and realisation of the arrear and future rent.

4. For the purpose of convenience, the parties herein are referred to in the same status as they appeared in the suit.

5. The predecessor-in-interest of the plaintiffs had entered into an agreement dated 10.10.1985 with one Sahid Ali, the predecessor-in-interest of the defendants for construction of a R.C.C. building in the form of Schedule-B and christened the said agreement as “agreement to construct a building”. The said premises was e

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