RASHMI DEKA BAISHYA Vs. TRIBODH KUMAR DAS

JUDGEMENT

(1.) Heard Mr. S. Ali, learned counsel appearing on behalf of the petitioners and Mr. S.P. Roy, learned counsel appearing on behalf of the respondent.

(2.) This instant revision application has been filed under Sec. 115 of the Code of Civil Procedure challenging the Judgment and Decree dtd. 21/5/2018 passed by the Court of the Civil Judge No. 3, Kamrup (Metro) at Guwahati in Title Appeal No. 72/2014 whereby the Judgment and Decree dtd. 30/6/2014 passed by the Court of Munsiff No. 2 in Title Suit No. 59/2008 was affirmed. The challenge made in the instant proceeding is in two folds. Firstly, both the Courts below without taking into consideration the law applicable held that the petitioner is a defaulter in payment of rent and secondly, the Courts below had also held that the respondent herein is entitled to a decree for eviction on the ground of bonafide requirement.

(3.) For the purpose of convenience, the parties in the instant proceedings are referred to as per their respective status in the suit.