JADAB CHANDRA DAS Vs. SRI HAYAGRIV MADHAB

JUDGEMENT

(1.) THE present appellant is the defendant in the Title Suit No. 198 of 2000 filed by the respondents plaintiffs for ejectment of the appellant defendant, his men and agents from the suit house, which is admittedly belonged to the respondents plaintiffs in the Court of Civil Judge (Junior division No. 1 Kamrup, Guwahati. The learned trial Court by passing the judgment and decree dated 30-1-2003 had decreed the title Suit No. 198 of 2000 in favour of the respondents-plaintiffs for ejectment of the appellant-defendant from the suit house (suit premises) and also for recovery of arrear rent of Rs. 7920. 00 along with interest of 15% P. A. from the date of filing of the suit till recovery.

(2.) AGAINST the judgment and decree of the trial Court i. e. Civil Judge (Junior Division) No. 1, Kamrup, Guwahati dated 30-1-2003 passed in Title Suit No. 198/2000, the appellant-defendant preferred an appeal being Title Appeal No. 16 of 2003 in the court of Civil Judge (Senior Division) No. 2, kamrup, Guwahati who dismissed the appeal i. e. Title Appeal No. 16 of 2003 by passing the judgment and decree dated 30-6-2004 and thereby upholding the judgment and decree of the trial Court i. e. Civil Judge (Junior Division) No. 1, Kamrup dated 30-1-2003. Hence the present second appeal which has been admitted for hearing on the following substantial question of law :

(3.) HEARD Mr. B. C. Das, learned senior counsel appearing for the appellant-defendant as well as Mr. P. S. Deka, learned counsel appearing for the respondents-plaintiffs.