TAPAN KUMAR BHOMICK Vs. ASHOK KUMAR MUKHERJEE

JUDGEMENT

(1.) This revision application has been filed against the judgment and decree dated 21.08.2002 passed by learned XII Additional District Judge, Jabalpur in Civil Appeal No.8-A/2001 whereby the judgment and decree dated 18.12.2000 passed by learned VI Civil Judge, Class-II Jabalpur in Civil Suit No.34-A/2000 has been reversed and set aside and the suit of the plaintiff-respondents has been decreed.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this revision since they have been elaborately quoted in paras 2 to 4 of the impugned judgment of learned First Appellate Court. However, for ready reference it would be relevant to mention here that a civil suit for realization of Rs.5,640/- was filed by the plaintiffs against defendant on the averment that although the house in which he was tenant has been vacated by him but the rent of one year has not been paid and therefore to realize the amount of Rs.5640/-, present suit has been filed.

(3.) The applicant-defendant by filing written-statement refuted the plaint averments and pleaded that on 13.05.1995 the tenanted house was vacated by him and peaceful possession was handed over to plaintiff no.2 Smt. Sushila Mukherjee.