SANJOY MITRA Vs. BHUPENDRA NATH BHATTACHARJEE

JUDGEMENT

(1.) This petition u/S. 115 read with S. 151, C.P.C. is directed against the judgment and order dated 22-1-92 passed by the learned Addl. District Judge, Kamrup at Gauhati in Tital Appeal No. 1/90. By this impugned judgment and order, the learned lower appellate court set aside the decree passed by the learned Asstt. District Judge No. 2, Gauhati in Title Suit No. 13/84 and remanded the case for trial after framing necessary issues.

(2.) Briefly stated the facts are as follows :- The plaintiffs who are the present petitioners laid the Title Suit No. 13/94 against the opp. parties for their ejectment on various grounds including the construction of the house as it is in dilapidated condition, bona fide requirement, default and nuisance was also pleaded. It is not necessary to state fully the grounds for which the decree for ejectment was prayed. The suit was contested by defendant-opp. parties denying the allegations of defaulter, bona fide requirement, unauthorised construction, nuisance and that the house is not in a dilapidated condition. There was a prayer by the plaintiffs for decree for arrear of rent and other reliefs.

(3.) On the pleadings the learned trial court framed as many as 7 issues which are as follows :-