REKHA AGARWALA Vs. ANUROMA DAS

JUDGEMENT

(1.) The revisional jurisdiction of this Court has been sought to be invoked by filing this petition under Sec. 115 of the Code of Civil Procedure by which, the petitioners have put to challenge a judgment dtd. 22/8/2012 passed by the learned Civil Judge, No. 2, Kamrup, Guwahati in Title Appeal No. 92/2010. By the aforesaid judgment, the appeal preferred by the petitioners, as appellants against the judgment and decree dtd. 30/6/2010 passed by the learned Munsiff No.3, Kamrup, Guwahati in TS Case No. 659/2006, which was earlier numbered as TS No. 193/2005 has been dismissed and the judgment of the learned Trial Court has been affirmed.

(2.) The petitioners were the plaintiffs in the suit which was instituted for ejectment of tenant and recovery of arrear rent. While the petitioners were the landlords, the two defendants in the suit who were the tenants. At this stage itself, it is required to be noted that the respondent no. 2 has not contested the case and in this regard, this Court had passed an order dtd. 25/4/2013 to proceed ex-parte against the said respondent no. 2 .

(3.) It is the case of the petitioners that since July 2004, no rent was paid or even tendered to them. The ground of bona fide requirement was also taken. On the other hand, the defence of the respondents was that rent was paid and since receipt was not given, it was again deposited in the Court. To prove the case of the plaintiffs, evidence was adduced through two numbers of PWs. The defendants had also adduced evidence through two numbers of DWs.