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Abdul Noor – Appellant
Versus
Saukat Mazid © Babul Mazid – Respondent
JUDGMENT :
1. Heard Mr. P.K. Roy Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. P.J. Saikia, the learned counsel appearing on behalf of the respondent.
2. This is a proceeding under section 115 of the Civil Procedure Code, 1908 challenging the judgment and decree dated 8.11.2019 passed in Title Appeal No. 10/2017 by the Court of the Civil Judge, Dibrugarh, whereby the suit filed by the plaintiff seeking eviction of the defendant was decreed.
3. Before embarking upon the merits of the case, it would be relevant to take note of that, that this is a proceeding under section 115 of the Code of Civil Procedure, whereby the revisional jurisdiction of this court has been invoked. It must be noted that the Revisionsal Court is not the 2nd Court of First Appeal and as such, the question of re-appreciating the evidence does not arise. What can be exercised in a proceeding, while exercising the revisional jurisdiction is to look into as to whether there has been an error in exercise of the jurisdiction and/or there has been any illegality or overlooking or ignoring the material evidence altogether, or the finding of the courts below suffers from perversity, or any s
It is no longer res integra that it is the burden of the defendant to prove that he had not defaulted in payment of rent in order to get the protection under section 5 (1) of Assam Urban Area Rent Co....
The court upheld the findings of fact regarding tenant default and bona fide requirement, allowing the tenant to retain possession under specific conditions until a set date.
The tenant's obligation to provide evidence for rent payment is essential; failure results in judicial affirmation of eviction due to non-payment.
Petitioners to continue in possession of suit premises till 30.04.2022 is based upon undertaking of petitioners to vacate suit premises within said period and if petitioner fails to adhere to same, R....
In a suit where the plaintiff alleges that the defendant defaulted in payment of rent, it is the burden of the defendant to prove that there was no default committed by the defendant, who is the tena....
Suit for realisation of the arrear rent for the period of the eviction proceedings would result in failure of justice as well as nullify the proposition of law that the tenant is bound to pay rent du....
Revisional jurisdiction cannot re-evaluate facts but ensures lower court decisions are free from legal errors; findings of default in rent by the defendant upheld.
Point of Law : Granting of extension of the period of 6 (six) months subject to filing the undertaking as aforesaid and the payment of compensation during this period of 6 (six) months shall not crea....
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