GAURIDUTT SAMPATLAL SOMANI HUF Vs. WOODSWORTH

JUDGEMENT

(1.) Heard Mr. P.K. Khataniar, the learned counsel for the petitioners and Mr. JC Gaur, the learned counsel appearing on behalf of the respondents.

(2.) This is a proceeding under Sec. 115 of the Code of Civil Procedure, 1908 challenging the judgment dtd. 13/3/2015 passed by the Civil Judge No. 3, Kamrup (Metro), Kamrup, Guwahati in Misc. Appeal No.1/2014, whereby the judgment dtd. 22/11/2013 passed in Misc. (J) Case No. 569/2007 was set aside, thereby directing the Trial Court for determination of the standard rent of the tenanted premises as per Sec. 2 (e) of the Assam Urban Areas Rent Control Act, 1972.

(3.) The facts of the case, in brief, for the purpose of disposal of the instant proceeding are that the petitioners, as plaintiff filed the suit seeking ejectment of the defendants (the respondents herein) on the ground of default in payment of rent as well as on account of bonafide requirement. It is the specific case of the petitioners in the suit that the petitioners are the landlords of the suit premises and the defendants (the respondents herein) had been paying rent in respect to the suit premises till the month of October, 2004 and since November, 2004, the defendants had defaulted in making payment of rent, which was fixed @Rs.11,000.00 per month. The allegations as regards the bonafide requirement as stated in the plaint being not relevant to the present lis is not stated herein.