MAHENDRA RAI Vs. SILVINA KHARKONGOR

JUDGEMENT

(1.) The petitioners approached this Court by way of Revision under Section 115 CPC read with Rule 27 of the Khasi Syiemship (Administration of Justice) Order 1950, against the impugned judgment and order dated 3.2.2011 in Title Civil Appeal No. 1(T) 2010 by the learned Addl. Deputy Commissioner, Smti. C. Kharkongor, and judgment dated 12.03.2010 and decree dated 16.03.2010 passed in Title Suit No. 16(T) 2008 by the Court of Assistant to Deputy Commissioner, Shillong. The brief fact of the case is that, the respondent being a land owner instituted an Ejectment Suit against the petitioners before the Court of Assistant to Deputy Commissioner, Shillong, registered as Title Suit No. 3(H) 2008 on the alleged grounds of default in payment of rent, bona-fide requirement and nuisance, praying for a decree of eviction and arrears of rent, etc.

(2.) The learned trial Court passed the judgment dated 12.3.2010 and decree dated 16.3.2010 in the said Ejectment Suit (Title Suit No. 16(T) 2010) in favour of the respondent mechanically and without discussing the evidence available on record.

(3.) Petitioners on being aggrieved by the said judgment and decree passed by the trial Court preferred an appeal before the Addl. Deputy Commissioner, Shillong, as Title Civil Appeal No. 1(T)2010, which was dismissed by the appellate Court vide order dated 3.2.2011 and upheld the judgment of the trial Court.