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ROBIN PHUKAN
Mustt Nazma W/o- Late Zahidul Haque – Appellant
Versus
Musst Riazi Begum W/o Late Mohd. Sadulla – Respondent
JUDGMENT :
(ROBIN PHUKAN, J.)
Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. S. Todi, learned counsel for the petitioners and Mr. A. Ikbal, learned counsel for the respondents.
2. This civil revision petition, under Section 115 read with Section 151 of the C.P.C., is directed against the Order dated 20.11.2021, passed by the learned Civil Judge, Sivsagar, in Title Appeal No. 11/2013.
3. It is to be noted here that vide impugned Order dated 20.11.2021, the learned Civil Judge, Sivsagar has affirmed the Judgment dated 18.03.2013, passed by the learned Munsiff No. 1, Sivsagar, in Title Suit No. 53/2001.
4. The background facts leading to filing of the present appeal is adumbrated here in below :-
The tenant must prove compliance with the Rent Control Act's provisions to avoid eviction; failure to establish bona fide requirement by the landlord can lead to dismissal of eviction claims.
The court affirmed that a tenant's failure to comply with statutory rent payment timelines constitutes default, justifying eviction. Landlord's bona fide need for premises for business is a valid gro....
The court affirmed that a landlord's bonafide requirement for premises is valid, and the tenant's irregular rent payments constitute default.
Suit for Ejectment – Decreed - Bona fide requirement - respondent no.1 is found to be entitled to decree for ejectment of the petitioner and proforma respondent no.2 (both defendants in the suit) fro....
It is also made clear that this Court while exercising the revisional jurisdiction is not and cannot be equated with the power of re-consideration of all question of facts as the Court of First Appea....
The judgment emphasized the mandatory nature of the provisions of the Rent Control Act and the requirement for the tenant to offer rent to the landlord before depositing it in Court.
Proviso (e) to Section 5(1) of Act of 1972 stipulates that when tenant has not paid rent lawfully due from him in respect of house within a fortnight of its falling due would come within various grou....
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....
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