JAGDAMBA TRADING COMPANY Vs. ROOP CHAND BAID
HIGH COURT OF GAUHATI
Jagdamba Trading Company
Roop Chand Baid
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Kalyan Rai Surana, J. -
(1.) Heard Mr. B.K. Jain, the learned counsel for the petitioner, as well as Mr. O.P. Bhati, the learned counsel appearing for the respondent.
(2.) By this writ petition under Section 115 read with Section 151 CPC read with Article 227 of the Constitution of India, the petitioner has challenged the first appellate judgment and decree dated 24.09.2014 passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati in T.A. No. 38/2010, thereby dismissing the appeal and confirming the judgment and decree dated 06.02.2010 passed by the learned Munsiff No. 2, Kamrup (M), Guwahati in T.S. No. 969/2006, thereby decreeing suit for ejection of the petitioner herein from the suit premises.
(3.) Although the petitioner has filed this revision by invoking jurisdiction under Section 115 CPC as well as Article 227 of the Constitution of India, as revisions under Section 115 CPC is entertained against first appellate judgment rendered in eviction suits instituted under Assam Urban Areas Rent Control Act, 1972, this revision is being decided in terms of Section 115 CPC alone and not under Section 151 CPC or under Article 227 of the Constitution of India.;
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