CRP 382/2015. Gauhati High Court
| Case Number | CRP 382/2015 |
| Judgement Date | April 20, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
( HI GH COURT OF ASSAM; NAGALAND; MI ZORAM & ARUNACHAL PRADESH)
CRP 382 OF 2015
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Sri Nitya Biswas.
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Sri Nirmal Biswas.
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Smt. Lakhi Biswas.
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On death of Parimal Biswas, his LRs.
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M/ s. Janata Hotel.
- Petitioners
- Versus –
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Sri Jeetmal Gherawat.
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Sri Rajendra Gherawat.
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Sri Dhanpat Gherawat.
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Sri San Gherawat.
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Sri Lakshmipat Gherawat.
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Sri Hansraj Gherawat.
- Respondents
BEFORE
HON’BLE MR. JUSTI CE KALYAN RAI SURANA
For the petitioners : Mr. M. J. Quadir,
Mr. S. B. Laskar,
Mrs. S. Hasnain
Mr. S. Y. Ahmed.
For the respondents : Mr. G. N. Sahewalla,
Md. Aslam,
Ms. B. Sarma,
Mr. A. Chetia
Ms. J. Borua.
Date of hearing : 03.04.2017
Date of judgment : 20.04.2017
JUDGMENT & ORDER ( CAV)
Heard Mr. M.J. Quadir, learned counsel for the petitioner and Mr. G.N. Sahewalla, learned Senior Counsel for the respondent.
2) The respondents herein, namely, Sri Jeetmal Ghorawat and 5 others had filed Title Suit No. 114/ 09 against the petitioners herein for ejection and for realizing arrear rent. The said suit was allowed by the learned Munsiff No.1, Nagaon by judgment and decree dated 7th January, 2014. The petitioners herein
preferred an appeal, which was registered as Title Appeal No. 12/ 2014, which was dismissed by first appellate judgment and decree dated 23rd April, 2015 passed by the learned Civil Judge, Nagaon. The said judgments and decrees passed by the learned trial court as well as the first appellate court have both been assailed in this revision filed under section 115 of the Civil Procedure Code.
3) The case of the respondents/ plaintiffs is that the predecessor-in- interest of the appellants was the original monthly tenant in respect of the suit premises described in the Schedule appended to the plaint, which was an Assam Type House with pucca floor wooden frame C.I . sheet roofing situated on a plot of land covered by Dag No. 549 of Periodic Patta No. 157 of Town Kissam under Town Mouja, Dist. Nagaon, which was covered by Holding No. 173 of Ward No.10 of Nagaon Municipality, located at Marwaripatty, Nagaon, with specific boundaries as mentioned therein. The tenancy was a monthly tenancy as per English calendar month and the appellant No.1 was doing business under the name and style of M/ s. Janata Hotel of food and lodging by last paying monthly rent of Rs.2,000/ per month at the time of filing of the suit. I t was projected in the plaint that since January, 1999, the appellants had not paid monthly rent despite repeated demand and the suit premises was an old construction and in dilapidated condition and, as such, the suit premises was urgently required for demolition and constructing a market complex/ shopping mall to engage the new generation i.e. unemployed youths in the family. I t was the case of the respondents that before filing the suit, by sending an Advocate’s notice dated 18.03.2008, vacant possession of suit premises was demanded.
4) The petitioner No.1 filed his written statement and also a separate written statement for his firm i.e. petitioner No.5. The petitioners No.2, 3 and 4 jointly filed their separate written statement and took the defence similar to the one of the petitioners No.1 and 5. The petitioner No.1 denied the tenancy, monthly rent payable at the rate of Rs.2,000/ - and asserted that the suit premises was constructed by his father (since deceased). I t was projected that the land was owned by one Krishna Oswalini and ram Lakhan Khetawat and there was no fixed mode of paying rent and sometimes rent for...
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