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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Md. Rafiuddin Ahmed S/o- Mohin Ahmed – Appellant
Versus
On The Death Of Munindra Sen Deka His Legal Heirs Represented BySmti Anima Sen Deka W/O Late Munindra Sen Deka – Respondent
| Table of Content |
|---|
| 1. determination of lawfulness of counterclaims under tenancy regulations. (Para 2 , 3 , 4) |
| 2. plaintiff's allegations and counterclaims regarding eviction. (Para 10 , 11 , 12 , 18) |
| 3. judicial interpretation on necessity of notice under tenancy acts. (Para 19 , 29 , 30) |
| 4. issuance of notices as a prerequisite for eviction proceedings. (Para 21 , 23 , 24 , 28) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A Ikbal, the learned counsel appearing on behalf of the appellants in both the appeals. Mr. B Kaushik, the learned counsel appears on behalf of the respondents in both the appeals.
2. Both the appeals arise out of separate judgment and decree both dated 22.08.2019 passed in Title Appeal No.64/2017 and Title appeal No.65/2017 by the Court of the learned Civil Judge No.2, Kamrup(M) at Guwahati (hereinafter to be referred to as the learned Appellate Court) whereby the appeals filed by the appellant herein was dismissed thereby affirming the judgment and decree dated 31.10.2017 passed by the learned Munsiff No.1, Kamrup(M) at Guwahati (hereinafter to be referred to as the learned Trial Court) in Title Suit No.85/2011.
3. It is relevant to take note of that the learned Coordinate B
Notice under Section 11 of the Assam Non-Agricultural Urban Areas Tenancy Act is not a mandatory requirement for a counter claim if the tenant is already aware of eviction intentions, reaffirming ten....
The requirement of notice under Section 11 of the Assam Non Agricultural Urban Areas Tenancy Act is unnecessary for eviction if the tenant cannot be evicted without a court decree.
Point of Law : Proviso to the Section acknowledges the powers of the High Court to hear the appeal on a substantial point of law, though not formulated by it with the object of ensuring that no injus....
The courts ruled that failure to prove timely constructions nullified tenancy protections under the Tenancy Act, reaffirming the need for proper determination of tenancy rights within civil ejectment....
It is well settled that power of High Court to interfere in second appeal under section 100 is very limited and court is to decide only substantial question of law, if at all arises.
The main legal point established in the judgment is that objections to the validity of a notice of termination of tenancy must be specifically pleaded in the written statement to avoid waiver. Additi....
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....
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.
The Court affirmed that a tenant can be evicted if any ground under Section 5 of the Assam Rent Control Act is satisfied, emphasizing the limited jurisdiction of the revision court.
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