SAUGATA PAL Vs. ABANI SARMA

JUDGEMENT

(1.) HEARD Mr. T.C. Khatri, the learned Senior Counsel appearing for the petitioners. Also heard Mr. P.K. Deka, the learned Counsel appearing for the two O.Ps.

(2.) THIS Revision petition arise out of judgment dated 23.11.2007 (AnnexureA) in the Misc. Appeal No.4/2007, whereby the learned Civil Judge, Sonitpur at Tezpur held that the petitioners failed to prove the landlord -tenant relationship with the Opposite Parties (O.P) and accordingly the landlords' claim for fixation of fair rent under Section 9 of the Assam Non -Agricultural Urban Areas Tenancy Act, 1955 (hereinafter referred to as "the Tenancy Act") was found to be not maintainable. With this finding, the earlier decision given on 31.3.2007 (Page -18) in the Misc.(J) Case No.26/2005 by the learned Munsiff at Tezpur, whereby payable rent for the suit land was enhanced to Rs.1545/ - per year, was reversed by the Appellate Court.

(3.) THE petitioners claim themselves to be owner of landed property in Tezpur town and further claim that the said land was let out initially to Padma Kanta Sarma, the predecessor of the two O.Ps. Abani Sarma and Nil Kanta Sarma. Since the rent for the suit land remained unchanged for several decades, the land owners invoked Section 9 of the Tenancy Act and applied for fixation of fair and equitable rent for the land under occupation of the O.Ps.