RAM KISHAN MAHESWARI Vs. ROOPCHAND KUCHERIA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 19/2/2024 passed in Misc.(J) Case No.28/2024 arising out of Title Execution No.02/2024.

(2.) The brief facts involved in the instant proceedings is that a suit was filed by one Moolchand Kucheria against one Bongaigaon Stores and Rameswarlal Maheswari herein who were the defendants in the said suit. The said suit was registered and numbered as Title Suit No.2/2000. The said suit was filed on the ground that the defendants who were the tenants were to be evicted from the suit premises on the ground that they were defaulter in the payment of rent as well as also on the ground of bonafide requirement of the plaintiff. The said suit was decreed vide the judgment and decree dtd. 5/8/2010 whereby the learned Trial Court, i.e. the Court of the Munsiff, Bongaigaon, held that the defendants were defaulters in payment of rent. However, the issue pertaining to bonafide requirement was decided against the plaintiff in the said suit.

(3.) Being aggrieved, an Appeal was preferred by the defendants herein before the Court of the Civil Judge, Bongaigaon which was registered and numbered as Title Appeal No.35/2010. In the said appeal, the plaintiff filed cross-objection as regards the decision on the issue of bonafide requirement. The First Appellate Court, i.e. the Court of the Civil Judge, Bongaigaon vide the judgment and decree dtd. 5/11/2013 disposed of the said Appeal affirming the judgment passed by the learned Trial Court thereby directing eviction of the defendants. In doing so, the learned First Appellate Court decided the issue pertaining to default in payment of rent by the defendants against the plaintiff and decided the issue of bonafide requirement in favour of the plaintiff. Being aggrieved, a revision application was filed before this Court which was registered and numbered as CRP No.77/2014.