MADAN KALITA Vs. PARESH BARUAH

JUDGEMENT

(1.) Heard Mr. SP Choudhury, learned counsel for the petitioner and Mr. RK Bhuyan, learned counsel appearing for the respondent.

(2.) The respondent being a tenant filed Title Suit No. 2052008 in the court of learned Munsiff No. 1, Kamrup (M) at Guwahati. The suit was for declaration that the respondent is a lawful tenant under the defendant petitioner and he should not be ejected without going through the process of law and to that effect a mandatory injunction. In the suit the present petitioner being the defendant landlord in addition to his written statement filed his counter claim with the relief for ejectment of the plaintiff respondent on the ground of defaulter and bonafide requirement of the tenanted suit premises.

(3.) The suit was dismissed for default and the counter claim proceeded. The respondent plaintiff filed his written statement in the counter claim. In respect of the dismissal of the suit, the plaintiff respondent did not file any application for its restoration. The counter claim was also dismissed for default whereafter an application for restoration was filed. The same was registered as Misc.(J) Case No. 19/2013. In the said Misc. (J) Case No. 19/2013 the defendant petitioner was directed to take steps on the plaintiff respondent but on the ground of default in taking steps the said Misc. (J) Case No. 19/2013 was dismissed on 13.12.2013. Thereafter Misc. (J) Case 152/2014 was filed for restoration of the Misc. (J) Case No. 19/2013 in the counter claim in Title Suit No. 205/2008. However, this time the learned trial court without issuing any notice to the plaintiff respondent restored the counter claim. After its restoration, the counter claim proceeded ex parte and judgment and decree was passed on 29.03.2014.