DEEPAK BORTHAKUR Vs. DEEPA NEWAR

JUDGEMENT

(1.) Heard Mr. S.K. Ghosh, learned counsel for the petitioners. Also heard Mr. K.K. Mahanta, learned Senior Counsel, assisted by Mr. K.M. Mahanta, learned counsel for the respondents.

(2.) The petitioners are the plaintiff in TS No. 15(K)/2012, which was filed against the respondent and tried in the Court of learned Munsiff, Kaliabor, Nagaon. The suit contained the following prayers:

(3.) On contest, the said suit was decreed by judgment and decree passed on 18.07.2014. The learned counsel for the petitioners has submitted that although in respect of issue no. 7, it was held that the petitioners are entitled to a decree for arrear rents from respondent and also a decree for eviction of the respondent from the suit house along with cost of the suit. At the order's part of the judgment, the petitioners were held to be entitled to recovery of arrear rents of Rs.67,500/- being the monthly rent @ Rs.7,500/- from December, 2011 to August, 2012. It is submitted that said decree was challenged by the respondent by filing TA No. 34/2014, which was dismissed by the learned Civil Judge, Nagaon by judgment and decree dated 12.06.2015. The aggrieved respondent had filed RSA 11/2016 before this Court and this Court by order dated 29.01.2016, permitted the prayer of the respondent to withdraw the second appeal with liberty to file civil revision petition by holding that the first appellate judgment and decree was not appealable as the same was one under Section 5 of the Assam Urban Areas Rent Control Act, 1972. Accordingly, the respondent's side had filed CRP 170/2016. Thereafter, the maintainability of the CRP 170/2016 was questioned and on the basis of submission made by the petitioners herein, the said revision petition was again converted to second appeal and the same was registered as RSA 145/2017.