BHAGWAN DAS RAMESH KUMAR Vs. JAGABANDHU DHAR

JUDGEMENT

(1.) The Landlord, a registered partnership firm is in revision under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India, against the impugned judgment and Order dated 18.3.2005 of the Additional District Judge, Shillong, in regular first appeal being R.F.A. (TCA) No. 4(H) of 2004.

(2.) The instant revision arises out of a suit for eviction filed before the trial court by the Petitioner/plaintiff against the respondent/defendant. The plaintiffs (hereinafter referred to as petitioner) filed the suit being Title Suit No. 1(H) of 1989 on the ground of default and for bonafide requirement. The trial Court on the pleadings of the parties framed as many as five issues along with an additional issue. The eviction was sought from the tenanted premises, approximately measuring 150 x 200 sq.ft. in the basement of the petitioner's premises. The issues framed are reproduced below:

(3.) The additional issue was necessitated to be framed, because the petitioner filed a Title suit being No. 14(H) of 1987, against the deffeeredant for eviction from the suit premises which was taken on revision by the defendant before this court being Civil Revision No. 8(H) of 1989, against the order of the learned Assistant District Judge, Shillong, allowing the petitioner to withdraw the suit under order 23 Rule 1 of the Code of Civil Procedure, with liberty to file a fresh suit on the same cause of action. This court vide order dated 12.4.89 allowed the Revision Petition setting aside the order of the learned Assistant District Judge. While allowing the Revision Petition, this court held that the partnership firm, after being registered, may institute a fresh suit on the same cause of action. Accordingly, the firm was registered as partnership firm and instituted the suit afresh being Title suit No. 1(H) of 1989 as aforesaid.