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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ROBIN PHUKAN
Gopal Krishna Baruah S/o- Late Mohan Krishna Baruah – Appellant
Versus
Rita Saikia Legal Heirs Of Deceased Khirud Chandra Saikia – Respondent
JUDGMENT :
Robin Phukan, J.
Heard Mr. B.J. Ghosh, learned counsel for the petitioners. None appears for the respondents on call, in spite of due service of notice upon them, for which vide order dated 30.01.2026, it has been decided to proceed with this matter against the respondents ex-parte. Accordingly, Mr. Ghosh, learned counsel for the petitioners is heard.
2. This revision petition, under Section 115 of the CPC, is directed against the judgment dated 29.06.2024, and the decree dated 11.07.2024, passed by the learned Civil Judge (Senior Division), Sivasagar, in Title Appeal No. 13/2023.
3. It is to be noted here that vide impugned judgment, dated 29.06.2024, and decree dated 11.07.2024, the learned Civil Judge (Senior Division), Sivasagar (‘appellate Court’, for short) had reversed the judgment dated 14.07.2023 and decree dated 19.07.2023, passed by the learned Munsiff No. 1, Sivasagar (‘trial Court’, for short), in Title Suit No. 26/2016. It is also to be noted here that vide judgment dated 14.07.2023 and decree dated 19.07.2023, the learned trial Court had decreed the suit of the plaintiffs/petitioners.
4. The background facts, leading to filing of the present petition, are bri
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 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 landlord's bonafide requirement for premises is valid, and the tenant's irregular rent payments constitute default.
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....
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....
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....
The bona fide requirement for landlord's premises must be substantiated with evidence, and landlords retain the right to determine their needs for personal or business use.
Purpose of bona fide requirement of a landlord what is required is that it must be something more than a mere desire but need not certainly be a compelling or absolute or dire necessity
Point of law: In terms with the Act of 1972, the jurisdiction of the First Appellate Court under Section 8 of the said Act is the final authority in the matter and the scope of revisional jurisdictio....
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