HANSKUMAR JAIN Vs. JADUNANDAN SHARMA

JUDGEMENT

(1.) THIS Revision is directed against the judgment and order dated 1.12.1987 passed by the learned Asstt. District Judge No. 1 Gauhati in Misc. (J) Case No. 114 of 1987 arising out of Title Execution Case No. 9 of 1982 rejecting the prayer of the judgment-debtor under order 46 Rule 1 read with Section 113 of the C.P.C. and the application under Section 47 of the Code of Civil Procedure.

(2.) THE Opposite Parties obtained decree for ejectment of the petitioners from the suit premises and recovery of arrear rents in Title Suit No. 70 of 1977 from the Court of Assistant District Judge No. 1, Gauhati. The suit premises was the ground floor and first floor of one R.C.C. building consisting of seven rooms including the kitchen, godowns, staircases, collapsable doors, sanitary latrines and other fittings, situated by the southern side of Hem Barua Road, Fancy Bazar, Gauhati on the land of Dag No. 1180, Periodical Patta No. 893, Municipal Holding No. 62 of Ward No. 19 of Gauhati Municipal Corporation and the arrear rent was Rs. 28,280.00 The boundary of the suit premises was given in the schedule of the plaint. The decree for ejectment and recovery of arrear rent was passed on 24th May, 1982. The petitioners-judgment debtors preferred First Appeal No. 49 of 1982 before the High Court and the Opposite Party-decree holder filed cross-objection. The High Court by its judgment dated 14.5.1987 dismissed the appeal and allowed the cross-objection by holding inter alia that the rate of rent was Rs. 14,400.00 per annum for the suit premises.

(3.) DURING pendency of the suit before the Trial Court, the defendants-petitioners filed Misc. (J) Case No. 102 of 1981 under Section 4 of the Assam Urban Areas Rent Control Act for fixing of fair/standard rent of the suit premises. The matter came up before the High Court in M.A. (F) No. 103 of 1982 wherein vide order dated 29.7.1986 this Court directed the Assistant District Judge (trial Court) to proceed with the fair/standard rent fixation case in accordance with law. The F.A. No. 49 of 1982 was pending before the High Court when the order dated 29.7.1986 was passed in M.A. (F) No. 103 of 1982, which was dismissed on 14.4.1987.