ARATI BARUA Vs. BHUBAN MOHINI SARMA
HIGH COURT OF GAUHATI
Bhuban Mohini Sarma
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SUMAN SHYAM,J. -
(1.) Heard Mr. D. Mazumdar, learned senior counsel assisted by Mr. B. Kaushik, learned counsel appearing for the revision petitioners. I have also heard Mr. S. K. Medhi, learned senior counsel assisted by Mr. H. Das, learned counsel representing the respondents.
(2.) This Revision Petition is directed against the concurrent judgment and decree dated 04.06.2009 passed by the learned Civil Judge No.2, Kamrup at Guwahati in Title Appeal No.35/2008 affirming the judgment and decree dated 16.06.2008 passed by the learned Munsiff No.2, Guwahati in Title Suit No.356/2006(new)/Title Suit No.139/2000(old) decreeing the suit filed by the respondents/plaintiffs for ejectment of the revision petitioners from the tenanted premises and for recovery of arrear rent.
(3.) The facts of the case, in brief, is that the predecessor-in-interest of the revision petitioners, viz., Late Gopal Baruah had originally entered as a tenant under the plaintiffs in respect of the tenanted premises described in the schedule to the plaint which includes the entire first floor area measuring 1486 Sq. ft. and another room measuring 10 ft. x 10 ft. situated at the ground floor, in the south eastern corner of the RCC building covered by Holding No.80 of Ward No.31 (new) of the Gauhati Municipal Corporation situated at Panbazar, Guwahati, on condition of paying monthly rent as per English calendar. Initially the rent payable for the tenanted premises was fixed at Rs.3000/- per month. However, with effect from the month of January, 1997 the rent was revised to Rs.4500/- per month as per the terms of the compromise decree passed in Title Suit No.142/1988 by and between the same parties. As per the agreed terms, the rent would become due on the first day of each month and the same used to be collected by the plaintiff No.7 i.e. Sri Jagadish Prashad Sarma on behalf of the plaintiffs, who claimed to be the joint owners of the property.;
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