ASISH DEBNATH AND ORS. Vs. GINIA DEVI DHELIA

JUDGEMENT

(1.) This review application is directed against the judgment dated 24.02.2015 rendered by this court in SAO No. 6/2010. By the said order this court has set aside and quashed the judgment and decree dated 30.11.2009 rendered by the learned Civil Judge, Dibrugarh in T.A. No. 13 of 2005 under which the judgment and decree dated 04.03.2005 passed by the learned Munsiff No. 1, Dibrugarh in T.S. No. 19 of 1995 was set aside remanding the case to the trial court for fresh decision on the question whether or not the defendant therein was a defaulter in payment of rent. I have heard Mr. B. Banerjee, learned senior counsel assisted by Ms. M. Deb, learned counsel for the review petitioners and also heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. P. Deka, learned counsel for the respondent.

(2.) It may be stated that predecessors in interest of the petitioner herein and after him, the petitioner herein, occupied the premises in question on rental basis under one Ginia Devi Dhelia who was the plaintiff in T.S. No. 19 of 1995 and O.P. herein. Some disputes arose regarding payment of rent between the parties for which O.P., herein as plaintiff had filed the T.S. No. 19/1995 seeking eviction of defendants therein on the ground of his being a defaulter and also on the ground of requirement of the said premises.

(3.) Both the defendants denied the allegations and contested the suit having filed Written Statement and on conclusion of trial, the trial Court decreed the suit on holding that the defendants were defaulter and also on holding that plaintiff therein required the house on bona -fide ground vide judgment and decree dated 04.03.2005 in T.S. No. 19/1995. The said decision was questioned in appeal which was registered as T.A. No. 13/2005.