SUBHASH CHANDRA SAHA Vs. NAWRATAN MAL SURANA

JUDGEMENT

(1.) This is a civil revision filed by the defendant/tenant under Section 115 of the Code of Civil Procedure against the judgment/decree dated 14.12.2004 passed by Civil Judge (Senior Division), Dhubri in Title Appeal No.36 of 2001 which in turn arise out of judgment/decree dated 4.8.2001 passed by Civil Judge (Junior Division No.II) Dhubri in Title Suit No.77 of 1990.

(2.) By impugned judgment/decree, the first appellate court affirmed the judgment/decree passed by the trial court and accordingly confirmed the eviction decree passed by the trial court against the petitioner and in respondent's favour in relation to the suit accommodation.

(3.) So the short question, which arises for consideration in this revision petition is whether two courts below were justified in decreeing plaintiff's suit for eviction against the defendant in relation to the suit accommodation on the grounds pleaded in the plaint?