PARIKSHIT DUTTA Vs. BIJOY KUMAR AGARWAL

JUDGEMENT

(1.) Heard Mr. G.P. Bhowmik, learned Senior Counsel appearing for the Petitioner and Mr. S. Samaria, learned Counsel appearing for the respondent.

(2.) By filing the present revision under section 115 of the Civil Procedure Code, the petitioner has challenged the impugned judgment and decree dated 24.02.2011 passed by the learned Civil Judge, Tinsukia, in T.S. No. 14/2010. The said suit was instituted by the petitioner under section 6 of the Specific Relief Act, 1963, praying for recovery of khas possession a shop premises.

(3.) It was projected by the learned counsel for the petitioner that for last several years, the petitioner was a monthly tenant of the respondent, paying a monthly rent of Rs.300/- for the shop situated in Margherita Town, Makum Mouza, Dist. Tinsukia, Assam, described in Schedule appended to the plaint. The petitioner was doing business of selling cosmetics and other items in the name and style of M/s. Variety Corner. The respondent had entered into a written agreement dated 03.09.1996 with the petitioner for letting out the shop and had also given his 'no objection' for installing a PCO telephone connection in the suit premises.