Basudev Newar, S/o. Late Dhanbir Newar vs Jesmin Borah, W/o. Late Bibek Borah

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 763

DEVASHIS BARUAH
Basudev Newar, S/o. Late Dhanbir Newar – Appellant
Versus
Jesmin Borah, W/o. Late Bibek Borah – Respondent

Advocates Appeared:
For the Petitioner: Mr. B. Chakravarty.
For the Respondent: Mr. P. Sundi.

JUDGMENT :

Heard Mr. B. Chakravarty, the learned counsel appearing on behalf of the Petitioners and Mr. P. Sundi, the learned counsel appearing on behalf of the Respondents.

2. This is an application under Section 115 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 19/12/2008 passed by the Court of the Munsiff No. 1, Tezpur challenging the judgment and decree dated 10/2/2020 passed by the Court of the Civil Judge, Tezpur, Sonitpur, in Title Appeal No. 6/2016 whereby the said appeal was dismissed thereby affirming the judgment and decree passed in Title Suit No.68/2011.

3. For the purpose of disposal of the instant petition the parties herein as referred to in the same status as they stood before the Trial Court.

4. The facts of the instant case are that the plaintiffs herein had instituted a Title Suit being Title Suit No.68/2011 praying inter alia for delivery of possession of the suit house and premises described in the Schedule to the plaint by evicting the Defendants, their men and materials there from ; for a decree for recovery of Rs.18,000/- being the arrear of rent of the suit house and premises to the Schedule for the period 01/08/2008 to 31/7/20