HASNA RAHMAN Vs. AHMED TEA COMPANY (P) LTD

JUDGEMENT

(1.) Heard Mr. S. Biswas, learned counsel for the petitioner. Also heard Ms. S. Sarma, learned counsel for the respondent.

(2.) This civil revision petition, filed under Sec. 115 of the Code of Civil Procedure, is directed against the impugned judgment and decree dtd. 14/8/2017, passed by the learned Civil Judge, Dibrugarh, in T.A. No. 07/2014, affirming the judgment and decree dtd. 11/12/2013, passed by the learned Munsiff No. 2, Dibrugarh, in T.S. No. 113/2007.

(3.) The brief facts of the case is that the respondent/plaintiff is a company duly registered under Indian Companies Act, having its registered office at Bairagimath, Dibrugarh Town, managing all its work through a Board of Directors. Late Abdul Rahman, the husband of the petitioner/defendant, came to occupy the suit premises at a monthly rent of Rs.60.00 per month, according to English Calendar Month, payable at the end of each month of the tenancy. As per the allegation brought in the plaint, it is alleged that the said Abdul Rahman failed to pay the rent and thereby become a defaulter in payment of rent of the suit premises. As there was a bona fide requirement of the suit premises, the respondent/plaintiff filed a ejectment suit, being T.S. No. 52/1993, in the Court of the then Sadar Munsiff. However, the learned Munsiff dismissed the suit vide its judgment and order dtd. 2/1/1996.