SUSHANTA KAR Vs. GANESH CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, the learned Sr. counsel appearing for the petitioner (plaintiff). Also heard Mr. I.H. Laskar, the learned counsel appearing for the respondents (defendants).

(2.) The Title Suit No.42/2003 was filed by the petitioner under the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as the "Rent Act") for eviction of the defendant on the ground of rent default and bonafide requirement. The suit was in respect of a shop room let out initially to the predecessor of the defendant, Pratap Chandra Chakraborty, who died on 21.12.1998. The defendant in their written statement, inter alia, contended that the suit is not maintainable for non-joinder of the necessary parties i.e. the widow, the son and daughter of the original tenant late Pratap Chandra Chakraborty.

(3.) On the basis of the pleadings of the parties, the learned Trial Court framed the following 6(six) issues:-