SUKHEN PAUL ALIAS SUKHENDU PAUL Vs. TORA MITRA

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India has been filed by the defendants-tenants in an eviction suit, inter alia, on the ground of default and reasonable requirement.

(2.) Learned counsel appearing for the petitioners submits that, while passing the impugned order, the trial court did not take into consideration the various documents, exhibited by the petitioners and merely relegated the adjudication of the vital issue, as to whether there should be abatement of rent on the ground of non-providing several facilities pertaining to the tenancy to the petitioners, which were vital for the relevant adjudication, to the hearing of the suit.

(3.) It is argued on the basis of a decree passed by a civil court, albeit ex parte, which is annexed at page 41 of the instant revisional application, that a competent civil court having jurisdiction has already decided this issue and has held in favour of the present petitioners, passing a decree declaring that the petitioners are entitled to get amenities of underground reservoir for the purpose of storing the filtered water and lifting the same through motor pump to the overhead tank and the defendants therein (present opposite parties) are bound to bear 50 per cent cost for making the same.