LAXMI HAZARIKA Vs. MANJUR ALI

JUDGEMENT

(1.) THIS is a civil revision filed by the plaintiff/landlord under Section 115 of the Code of Civil Procedure Code against the order dated 30.3.2005 passed in Title Appeal No.23/2004 by Civil Judge (Sr. Division), Sibsagar which in turn arise out of the judgment/decree dated 16.11.2004 passed by Civil Judge (Jr. Division) No.1, Sibsagar in Title Suit No.9/93.

(2.) BY impugned order, the first appellate court reversed the judgment and decree passed by the trial court which had decreed plaintiff s suit for eviction against the defendant and while allowing the defendant s appeal dismissed the plaintiff s suit.

(3.) SO the question which arises for consideration in this revision petition is whether first appellate court was justified in allowing the defendant s appeal which resulted in dismissal of plaintiff s suit? Facts of the case are these: -