JUDGMENT

Date : 27-02-2018

Heard Mr. B.D. Deka, the learned counsel for the petitioner as well as Mr. S.P. Roy, the learned counsel for the respondents- caveators.

2) By this revision under section 115 CPC , the petitioner has challenged the first appellate judgment and decree dated 27.10.2017, passed by the Court of the learned Additional District Judge No.1, Kamrup (M), Guwahati in Title Appeal No. 7/2014, thereby dismissing the appeal and upholding the judgment and decree dated 07.12.2013, passed by the Court of the Court of the learned Munsiff No.1, Kamrup (M), Guwahati in T.S. No.469/2008, thereby allowing the counter-claim of the respondent/ defendant.

3) The petitioner herein is the plaintiff in T.S. No.469/08. He had filed a suit was filed for declaration and injunction. As per the plaint, the petitioner is the tenant in the two Assam Type rooms with covered verandah, one kitchen and one out-house with toilet, assessed under Holding No. 33 of GMC Ward No. 34, which was situated in a plot of land covered by Dag No. 912/1275 (New) of Annual Patta No.4 of Sahar Guwahati Part-VI, under Mouza- Ulubari. It was claimed that the tenancy was subsisting between the petitioner and the re