BADRUDDIN AHMED SINCE DECEASED AND ON SUBSTITUTION AKBARI BEGUM - AND ORS W/O- BADARUDDIN AHMED Vs. MD FARUK RAHIM SINCE DECEASED AND ON SUBSTITUTION MD NOOR RAHIM AND ORS
LAWS(GAU)-2018-1-52
HIGH COURT OF GAUHATI
Decided on January 05,2018

Badruddin Ahmed Since Deceased And On Substitution Akbari Begum - And Ors W/O- Badaruddin Ahmed Appellant
VERSUS
Md Faruk Rahim Since Deceased And On Substitution Md Noor Rahim And Ors Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. C. Baruah, the learned Senior Counsel, assisted by Ms. Lhamo Yangzom, the learned counsel for the petitioners as well as Mr. G.N. Sahewella, the learned Senior Counsel, assisted by Ms. B. Sarma, the learned counsel for the respondent.
(2.) This revision by the defendant under Section 115 read with Section 151 CPC is directed against the judgment and decree dated 05.04.2012 passed by the learned Civil Judge, Dibrugarh in Title Appeal No.33/2017, thereby dismissing the appeal and affirming the judgment and decree dated 10.09.2007, passed by the learned Munsiff No.1, Dibrugarh in T.S. No.85/98.
(3.) The suit filed by the petitioner/ plaintiff was initially decreed by the court of learned Munsiff No.1, Dibrugarh vide judgment and decree dated 21.05.2002. Aggrieved by the decree, the respondent/defendant preferred an appeal, being Title Appeal No.06/2002. In appeal, by judgment and decree dated 23.11.2004, the learned Civil Judge (Senior Division), Dibrugarh affirmed the judgment and decree passed by the learned trial court. The aggrieved defendant preferred a revision before this Court. This Court by the judgment and order dated 27.02.2007, passed in CRP No.11/2005, set aside the judgment and decree passed by the both the learned courts below and the suit was remanded back before the learned trial court with a direction to frame an issue on the question as to whether the defendant was a tenant under the plaintiff in respect of the suit premises and then to determine whether the defendant was a defaulter and whether the plaintiffs were entitled to a decree as prayed for.;


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