UTPAL RAJBONGSHI Vs. KANTA DEVI JAIN

JUDGEMENT

(1.) Heard Mr. B. K. Bhagawati, the learned counsel appearing on behalf of the petitioner and Mr. G. Jalan, the learned counsel appearing on behalf of the respondents.

(2.) This is an application under Sec. 115 of the Code of Civil Procedure, 1908 challenging the judgment and decree dtd. 18/7/2019 passed in Title Appeal No.6/2016 by the Court of the Civil Judge No.3, Kamrup (M) at Guwahati whereby the Appeal was dismissed and the judgment and decree dtd. 24/8/2015 passed in Title Suit No.420/2011 by the Court of the Munsiff No.3, Kamrup (M) at Guwahati was upheld.

(3.) For the purpose of deciding as to whether the jurisdiction under Sec. 115 of the Code can be exercised in the instant case, it would be relevant to take note of the facts involved in the instant case. The respondents herein as plaintiffs had instituted a suit being Title Suit No.420/2011. It is the case of the plaintiffs that the plaintiff No.2 let out an RCC room to the defendant measuring more or less 550 sq. feet standing over a plot of land measuring 1 Bigha 1 Katha 19 Lecha covered by Dag No.96 of K.P. Patta No.59 of Village Dispur, Mouza Beltola and the said building was covered by Holding No.418 of Ward No. XLIII at a monthly rent of Rs.2,880.00 per month. It was specifically mentioned in the plaint that the rent was to be paid within 7th day of the succeeding month and the tenant was also required to pay electric charges at fixed rate of Rs.500.00 per month.