D P GOENKA Vs. VIJOY CHOUDHURY

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/plaintiff against the impugned judgment and Order dated 26-10-2006 passed by the learned District judge, Shillong, in FAO 1 (H) 2006, remanding back the Misc. Case No. 21 (H)/01 arising out of T. S. No. 18 (H) 1999 to the Court of Munsiff with a direction to hear the parties and dispose of the application under order 9, Rule 13 on merit.

(2.) BEFORE considering the present petition it is necessary to advert to the facts of the case projected by the plaintiff/petitioner and the circumstances leading to passing of ex parte decree and execution of the decree passed by the learned Munsiff Court.

(3.) THE plaintiff/petitioner filed the title suit 18 (H)/1999 in the Court of Munsiff on 17/12/1999 for declaration, recovery and handing over of possession of the suit premises. The plaintiff/petitioner is the owner of the suit premises and the respondent/defendant was a tenant. The tenancy agreement executed between them was valid up to 30/9/1999 but on the termination of the tenancy period the respondent did not hand over the vacant possession of the suit premises and as such the plaintiff as land lord had to file the aforesaid title suit. The defendant/respondent did not file a written statement in spite of being given ample opportunities to do so and ultimately by an order dated 9/8/2002, the Munsiff Court fixed the suit for ex parte hearing on 1/9/2000 and accordingly the suit was heard ex parte and also fixed for judgment on 29/9/2000.