NABAJYOTI MAHANTA Vs. PRABINI MAJUMDAR

JUDGEMENT

(1.) This revision petitioners out of appellate judgment and decree dated 30.3.96 as passed by Assistant District Judge, Dibrugarh in Title Appeal No. 11/95. Plaintiff respondent filed a suit being Title Suit No. 57/ 92 for eviction based on two grounds - (1) bona fute retirement, and (2) default of payment of rent by the petitioner-tenant. Trial court declared the suit vide judgment dated 8.6.92, on appeal the appellate Court reversed trial Court's finding on bonafide requirement but maintained the decree for eviction on the ground of default in payment of rent. Hence the revision petition.

(2.) Findings on the question of default in payment of rent, are concurrent, and I am fully conscious of the narrow restricted scope of interference u/s 115 CPC, essentially confined to jurisdictional errors and cases of gross miscarriage of justice resulting from material irregularity committed by the Court in exercise of its jurisdiction.

(3.) This petition was listed on 24th, when parties agreed that the petition be heard on 31st, accordingly, 31.5.96 was fixed at the request of both the parties but today when it taken up for bearing, counsel for the petitioner, is not present despite having taken an agreed date.