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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Swapan Kumar Acharjee, W/o. Late Kalipada Acharjee – Appellant
Versus
Dinanath Mahato, S/o. Bhagawat Prasad Mahato – Respondent
| Table of Content |
|---|
| 1. background of the property dispute (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. validity of the eviction suit under the act (Para 11 , 14 , 15) |
| 3. requirements under section 11 of the act (Para 12 , 13) |
| 4. court's conclusion and disposition (Para 16) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. S.P. Choudhury, learned counsel appearing for the appellants.
2. This is a Regular Second Appeal under Section 100 of the Civil Procedure Code (CPC) whereby the judgment dated 14.09.2009 passed by the court of learned District Judge, Dibrugarh, Assam in Title Appeal No.14/2007 allowing and reversing the judgment and decree dated 31.07.2007 passed by the learned Munsiff No.2, Dibrugarh in T.S. No.18/2006.
3. In the plaint, the respondent Dinanath Mahato claimed that he is a lawful owner of a plot of land measuring slightly more than 2 Kathas covered by P.P. No.38 of New Amlopattay Ward at Dibrugarh having distinct boundaries. The appellants claimed to have been occupying that land as monthly tenants for a period of three years. The rent was Rs.100/- per year. The appellants had constructed kutcha temporary houses and agreed to vacate the land whenever demanded by the respondent.
4.
Eviction of tenants requires a mandatory notice under Section 11 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, failure of which renders the eviction suit not maintainable.
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.
An occupancy tenant cannot be evicted without evidence of land misuse rendering it unfit, adhering to the Assam Tenancy Act provisions.
Tenancy rights established under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 take precedence over invalid claims based on improper sale deeds.
The 'doctrine of estoppel' rendered the objection relating to the maintainability of the suit based on tenancy rights untenable.
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....
Tenant cannot be evicted without the landlord proving lawful title, and concurrent findings of fact by lower courts are not to be interrupted unless perverse.
A second appeal under Section 100 of the Code of Civil Procedure must involve substantial questions of law, and unregistered tenancy agreements cannot establish non-evictable rights.
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.
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