RAM RAO SINGH Vs. UPON THE DEATH OF THE SOLE
HIGH COURT OF GAUHATI
RAM RAO SINGH
Upon The Death Of The Sole
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(1.) Heard Mr. Sunil Murarka, the learned Counsel, who has argued on being instructed by Mr. P. Deka, the learned Counsel for the petitioner. Also heard Mr. Sanjay Kr. Medhi, the learned Senior Counsel, assisted by Mr. A. Das, the learned Counsel for the respondent.
(2.) This revision under Section 115 of Civil Procedure Code (CPC for short), has been filed by the defendant to challenge the concurrent finding by both the courts below, being the judgment and decree dated 10.09.2009, passed by the learned Civil Judge, Tinsukia, in Title Appeal No. 1/2009, thereby upholding the judgment and decree passed by the learned Munsiff, Margherita, Tinsukia, in Title Suit No. 1/2007.
(3.) The petitioner is the plaintiff in Title Suit No. 72/2005, which was originally instituted before the Court of Civil Judge (Senior Division), Tinsukia. Upon enlargement of pecuniary jurisdiction of the Courts of Munsiff in the State of Assam, the proceeding was transferred to the Court of the learned Munsiff, Margherita, Tinsukia, where it was re-registered as Title Suit No. 1/2007. The said suit was filed for ejectment of the respondent- defendant from the suit premises described in Schedule-A and Schedule-B of the plaint, which are two shop rooms ad-measuring about 12 feet X 8 feet and 5 feet X 8 feet respectively, with pucca floors, brick walls with CI sheet roof, standing on a part of the land covered by Dag No. 903 of P.P. No. 19 of Digboi Town (Near Janata Talkies Parking place), Mouza- Makum, Dist. Tinsukia, Assam, from where the respondent- defendant is carrying on his business of wine- shop.;
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