BISWANATH RAJANIKANTA ROY CHOUDHURY, A REGISTERED FIRM Vs. CHUNILAL KANAILAL FIRM
LAWS(GAU)-1951-12-6
HIGH COURT OF GAUHATI
Decided on December 03,1951

Biswanath Rajanikanta Roy Choudhury, A Registered Firm Appellant
VERSUS
Chunilal Kanailal Firm Respondents

JUDGEMENT

Thadani, C.J. - (1.) THIS is a second appeal from the judgment and decree of the learned Subordinate Judge, Gauhati, dated 3 -5 -50, by which he set aside the judgment and decree of the trial Court which had decreed the plff. appellant's suit for ejectment with costs.
(2.) THE plff. Biswanath Rajanikanta Roy Choudhury (a firm) brought a suit to evict the defendant firm called Chunilal Kanailal, alleging among other things that they required the premises bona fide for their own use and occupation. The defendants in their written statement denied that the plaintiffs required the premises in suit a godown, bona fide for their own use and occupation. Upon the pleadings, the trial Court framed the following issues : 1. Has this Court jurisdiction to try this suit ? 2. Was there any valid notice for ejectment ? 3. What amount is due to the plff. on account of rent?
(3.) ARE the defendants liable to be evicted as claimed by the plaintiffs ?;


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