ANIL KR. DAS Vs. RAMEN DAS AND ORS.

JUDGEMENT

(1.) Heard Mr. B.D. Deka, the learned counsel for the petitioner as well as Mr. S.P. Roy, the learned counsel for the respondents- caveators.

(2.) By this revision under section 115 CPC, the petitioner has challenged the first appellate judgment and decree dated 27.10.2017, passed by the Court of the learned Additional District Judge No.1, Kamrup (M), Guwahati in Title Appeal No. 7/2014, thereby dismissing the appeal and upholding the judgment and decree dated 07.12.2013, passed by the Court of the Court of the learned Munsiff No.1, Kamrup (M), Guwahati in T.S. No.469/2008, thereby allowing the counter-claim of the respondent/ defendant.

(3.) The petitioner herein is the plaintiff in T.S. No.469/08. He had filed a suit was filed for declaration and injunction. As per the plaint, the petitioner is the tenant in the two Assam Type rooms with covered verandah, one kitchen and one out-house with toilet, assessed under Holding No. 33 of GMC Ward No. 34, which was situated in a plot of land covered by Dag No. 912/1275 (New) of Annual Patta No.4 of Sahar Guwahati Part-VI, under Mouza- Ulubari. It was claimed that the tenancy was subsisting between the petitioner and the respondent No.1 and the petitioner has the right to possess the suit house. In the plaint, the petitioner had, inter-alia, prayed for an injunction to restrain the respondent from disturbing the peaceful possession of the petitioner in respect of the suit premises and from illegally evicting him.