MINABALA DAS Vs. PARESH CHANDRA DAS
LAWS(GAU)-2018-6-148
HIGH COURT OF GAUHATI
Decided on June 20,2018

Minabala Das Appellant
VERSUS
PARESH CHANDRA DAS Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. Rupen Sarma, the learned Advocate for the petitioner. Also heard Mr. Pijush Chandra Dey, the learned Advocate for the respondent.
(2.) By this revision, the petitioner has challenged the first appellate judgment and decree dated 30.08.2017, passed by the learned Addl. District Judge No.2, Kamrup (Metropolitan), Guwahati in Title Appeal No. 86/2013, thereby dismissing the appeal and affirming the judgment and decree dated 26.03.2013, passed by the learned Munsiff No.2, Kamrup (Metropolitan), Guwahati in the counter-claim in connection with Title Suit No. 283/2008, for recovery of the vacant possession of the suit premises evicting the petitioner, her men and materials.
(3.) The petitioner is the plaintiff in TS 283/2008. As a tenant, in the year 1968, she had entered into a tenancy agreement with the father of the respondent- defendant in respect of the suit premises. It was alleged that the respondent refused to receive monthly rent for the month of September, 1989 for which the petitioner was compelled to deposit rent in court. In the year 1991, the disconnected the electricity connection to the suit premises. Hence, the petitioner approached the Court of Asstt. District Judge No.1, Guwahati under section 7 of the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as "AUARC Act"). The said learned Court by order dated 04.12.1992, had ordered restoration of electricity connection. Aggrieved by the said order, the respondent approached this Court by filing a CRP 7/1993, wherein this Court had upheld the order of restoration of electricity passed by the learned court below.;


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