BISWANATH CHOKHANI AND ANOTHER Vs. SMTI SHYAMA DEVI SANGANARIA

JUDGEMENT

(1.) (Oral) - This revision petition is directed against the appellate judgment and decree dated 23.2.89 passed by the Assistant District Judge No. 2, Guwahati, in Title Appeal No. 28 of 1985 dismissing the appeal and affirming the judgment and decree dated 8.7.85 passed by the Munsiff No. 2, Guwahati in Title Suit No. 31 of 1984.

(2.) The opposite party is the owner of the suit premises and the first petitioner was her tenant. He carries on business under the name and style of the second petitioner. The first petitioner took a flat, described in the schedule of the plaint, from the opposite party on rent of Rs. 450.00 per month excluding the electricity charge of Rs. 80.00 per month. The petitioner became defaulter from the month of Dec., 1982. The opposite party also required the suit premises for her grand-son to start a business. During the trial, the opposite party adduced evidence to the effect that the petitioners were defaulters and also the opposite party bona fide required the demise property for her grand-son. The trial Court being satisfied from the evidence produced in the Court decreed the suit holding that the opposite party bona fide required the demise property and also the petitioners were defaulters. Against this, the petitioners preferred an appeal before the Assistant District Judge No. l, Guwahati which was later on transferred to Assistant District Judge No. 2, Guwahati. After hearing the parties, the Assistant District Judge, No. 2 dismissed the appeal holding that the petitioners were defaulters. Hence, the present petition.

(3.) The ground taken in the present petition, inter alia, are that the trial Court at the time of institution of suit had no pecuniary jurisdiction to try the suit and also that the rent of the demise premises was only Rs. 225.00 and not Rs. 450.00 and the electricity charge was Rs. 25.00 per month. These are the main two grounds in the appeal.