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DEVASHIS BARUAH
Marble Point – Appellant
Versus
Sreeniwash Basudeo, A Unit of Assam Vegetable and Oil Products Ltd. – Respondent
JUDGMENT :
Heard Mr. S. Chamaria, the learned counsel for the petitioners and Mr. N. Alam, the learned counsel appearing on behalf of the respondents.
2. This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the judgment and order dated 22.10.2019 passed by the learned District Judge, Kamrup (M), Guwahati in Title Appeal No.08/2012 whereby the appeal was dismissed thereby affirming the judgment and decree dated 28.05.2012 passed by the learned Civil Judge No.3, Kamrup (M), Guwahati in Title Suit No.151/2006.
3. Before entering into the facts of the case, it would be relevant to note that the petitioners herein have invoked the revisional jurisdiction under Section 115 of the Code. It is no longer res-integra that the revisional jurisdiction is limited in scope inasmuch as the said jurisdiction cannot be exercised to correct error of facts. However gross or even errors of law unless the said errors have relation to the jurisdiction of the Court to try the dispute itself. A plain reading of Sub-Clauses (a) and (b) of Section 115 of the Code is in reference to the exercise of jurisdiction by the Court not vested in the Court by la
Point of law: Eviction – Default in payment of rent - Unless there is the tendering of the lawful rent by tenant, Section 5 (4) does not have any application.
Section 5 (1) (e) of the Act of 1972 stipulates that a decree for eviction can be passed where the tenant had not paid the rent lawfully due from him in respect to the houses within a fortnight of it....
Section 5 of the Act of 1972 stipulates various grounds on which the tenant can be evicted which includes the ground of bonafide requirement.
Point of Law : There is a landlord tenant relationship, the burden automatically falls upon the tenant to prove that he is not a defaulter in payment of rent.
Sub-Clauses (a) and (b) of Section 115 of Code is in reference to exercise of jurisdiction by Court not vested in Court by law or has failed to exercise jurisdiction so vested in Court.
Under Section 115 of Code a jurisdictional question may arise not only where Court acts solely without jurisdiction but also in a case where jurisdictional errors are committed while exercising juris....
The court established that revisional jurisdiction under Section 115 of the CPC is confined to jurisdictional errors, and findings of fact by lower courts cannot be disturbed unless they are perverse....
Point of law: “Any aggrieved party” the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proce....
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....
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