LAWS(GAU)-2005-3-39

SUKUMAR PAUL Vs. PRASNTTA CHOWDHURY

Decided On March 31, 2005
SUKUMAR PAUL Appellant
V/S
PRASANTA CHOWDHURY Respondents

JUDGEMENT

(1.) Heard Mr. A. K. Goswami, learned Senior counsel assisted by Ms. P. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. B.C. Das, learned Senior Counsel assisted by Mr. B. K. Purkayastha, learned counsel appearing on behalf of the respondent.

(2.) This revision petition under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') has been directed against the judgment and order dated 31.7.2002 passed by learned Civil Judge (Sr. Division), No. 1, Cachar, Silchar in T.A. No. 20/2000 allowing the appeal by reversing the impugned judgment and order dated 7.2.2000 passed by learned Civil Judge (Sr. Division), No. 1, Cachar, Silchar in T.S. No. 147/95 by which the petitioners' suit filed against the defendant was decreed by holding that the respondent was a defaulter and the petitioner has a bonafide requirement of the suit premises,

(3.) By the instant suit, the petitioner being a landlord has sought for ejectment of the defendant who was a tenant under him from the suit premises basically on the count of defaulter and bonafide requirement of the houses by the landlord. In order to appreciate and determine the issue involved in this case, it would be necessary to note down brief facts of the case.