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2024 Supreme(Gau) 1082

KAUSHIK GOSWAMI
MUSTAK AHMED, S/O. LATE JEADUL HAQUE – Appellant
Versus
AZADUR RAHMAN HAZARIKA, S/O. LATE HABIBUR RAHMAN HAZARIKA – Respondent


Advocates Appeared:
For the Petitioner: MR S. ALI, MR A. IKBAL, MR R. BARUAH, A.I. AHMED.
For the Respondent: MR. R.J. BORDOLOI, R. ALI, FOR CAVEATOR.

JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. A. Ikbal, learned counsel for the petitioner. Also heard Mr. R. Ali, learned counsel for the respondent.

2. This petition is filed under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (herein referred to as CPC) against the Judgment and Decree dated 07.09.2019 passed by the learned Civil Judge No.2, Kamrup(M) at Guwahati in Title Appeal No.112 of 2016 dismissing the appeal of the petitioner/defendant and confirming the Judgment and Decree dated 20.09.2016 passed by the court of learned Munsiff No.1, Kamrup(M) at Guwahati in Title Suit No.105 of 2013.

3. The facts of the case are as follows.

The respondent as plaintiff instituted Title Suit No.105/2013 against the petitioner/defendant before the Court of Munsiff No.1, Kamrup(M) at Guwahati for ejectment of the petitioner from the schedule premises on the ground of defaulter and bona fide requirement and realization of arrear rents.

It is the specific case of the respondent/plaintiff that the petitioner is a tenant under the respondent in respect of the schedule premises and that the petitioner has not paid rents to him since the month of August, 2012 and hence the petiti

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