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2019 Supreme(Tri) 5

S. TALAPATRA
Puspa Rani Dey, Wife of Late Shib Sankar Dey – Appellant
Versus
Ashish Dasgupta – Respondent


Advocates Appeared:
For the Petitioners: Mr. D.R. Choudhury, Adv. Mr. D. Deb, Adv.
For the Respondents: Mr. S.M. Chakraborty, Sr. Adv. Ms. P. Sen, Adv.

JUDGMENT & ORDER :

1. This is a petition under Article 227 of the Constitution of India questioning the judgment and order dated 14.06.2016 delivered in RCC (Revision) 5 of 2013 on affirmance of the judgment and order dated 11.09.2013 delivered in RCC (A) No.1 of 2013 by the Rent Control Appellate Authority [the civil Judge, Senior Division, Court No.1] West Tripura, Agartala. By the said judgment dated 11.09.2013 the Rent Control Appellate Authority reversed the judgment and order of eviction dated 05.01.2013 delivered in RCC 33 of 2005 by the Rent Control Court [the court of the Civil Judge, Junior Division, Court No.1], Agartala, West Tripura.

2. A petition under Section 12(2)(b)(3) of the Tripura Buildings (Lease & Rent Control) Act, 1995, in short the RCC Act for eviction of the tenant, the respondent herein, from the proceeding premise was instituted by the original petitioner who has been substituted by the present petitioners [on his death] for getting the vacant possession on two grounds viz: (i) for default of payment of rent and (ii) for bonafide need of the petitioners. In addition thereto, relief for deposit of the rent, with arrear and interest @ 6%, was sought by the p


































































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