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2019 Supreme(Megh) 154

MOHAMMAD YAQOOB MIR
Babulal Sharma – Appellant
Versus
Sant Kumar Bajoria – Respondent


Advocates Appeared:
For the Petitioner:Mr. K. Paul, Advocate.
For the Respondent:Mr. S. Sen, Advocate.

JUDGMENT :

1. The respondents, owners of the suit property filed a suit for eviction bearing Title Suit No. 2 (H)/1983 against the defendants (petitioner herein) before the court of Assistant District Judge, Shillong on two grounds, (i) for bonafide personal requirement and (ii) default in payment of rent. The suit was dismissed vide judgment dated 23.12.1988. Appeal preferred was allowed.

2. Aggrieved whereof, the respondents filed CRP No. 8 (SH)/1991 which was allowed and case was remanded back to the learned District Judge (Appellate Court) for fresh decision.

3. The Appellate Court decided the appeal afresh on 24.09.2008 and finding was recorded that the petitioners (defendants) were defaulters. Against said judgment, petitioners herein filed CRP No. 48 of 2013, which has been disposed of vide judgment dated 06.11.2015.

4. In para 20 of the said judgment it has been recorded, that the findings of the learned trial court as well as first Appellate Court for not accepting the ejectment on the ground of bonafide requirement has attained finality.

5. In para 21 of the judgment it has been recorded that the defendants have been in occupation of the suit premises for the last several deca

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