DHARAM CHAND JOSHI Vs. SATYA NARAYAN BAZAR

JUDGEMENT

(1.) This revision petition is directed against the judgment and decree dated 19-9-84 passed by the Assistant District Judge, No. 1, Kamrup, Guwahati, in Title Appeal No. 3/84 dismissing the appeal and affirming the judgment and decree passed in Title Suit No. 35/80 by the Munsiff, Nalbari.

(2.) The opposite party brought a suit (TS No. 35/80) in the Court of the Munsiff Nalbari, praying for a decree for khas possession of the suit house and for recovery of Rs. 8,100.00 on account of compensation and mense profit for wrongful use and occupation etc. The petitioner filed written statement and contested the suit. The learned trial court framed five issues and after examining the witnesses by his judgment, dated 19-12-83 decreed the suit; answering all the issues in favour of the plaintiff.

(3.) The petitioners preferred an appeal (T.A. No. 3/84) before the Assistant District Judge, No. 1, Kamrup. The appeal was also dismissed with costs giving two months time to defendants petitioner to vacate the suit premises. The learned Assistant District Judge, however, while deciding the appeal reversed the decision on issue No. 4 in favour of the petitioner holding that there was no bona fide requirement of the suit premises. Hence this revision petition.