DEEPA NEWAR Vs. DEEPAK BORTHAKUR

JUDGEMENT

(1.) Heard Mr. P. Upadhyay, the learned counsel for the applicant and Mr. A.J. Sarma, the learned counsel for the Opp. Party.

(2.) This application has been filed by the applicant under section 151 of the Code of Civil Procedure for conversion of the Civil Revision Petition into a Second Appeal under section 100 of the Code of Civil Procedure in the event this revision petition is found not maintainable.

(3.) The applicant herein, namely, Shri Deepa Newar, is the petitioner in CRP No. 170/2016 and the Opp. Parties No.1 and 2 herein, namely, (1) Shri Deepak Borthakur and (2) Smt. Bina Borthakur are the Respondents in the said revision. The applicant is the tenant of the Opp. Parties herein. The Opp. Parties filed Title Suit No. 15(K)/2012 before the learned Court of Munsiff, Kaliabor, Nagaon for ejection of the applicant from the suit premises, which is situated in Jakhala-bandha Town in the District of Nagaon, Assam. By judgment and decree dated 18.7.2014, the said suit was decreed by the learned Munsiff, Kaliabor. An appeal, being Title Appeal No. 34/2014 was preferred by the applicant herein before the Court of Civil Judge, Nagaon, which was also dismissed by the first appellate judgment and decree dated 12.06.2015.