Neput [email protected] Action [email protected] ... vs The State Of Assam And Anr
2022 Latest Caselaw 4032 Gua

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GAHC010124582022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./586/2022

            NEPUT [email protected] ACTION [email protected] MIPUT RAJIYUNG
            S/O. DEPON RAJITUNG, R/O. UMRANGSO, P.S. UMRANGSO, DIST. DIMA
            HASAO, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE P.P. ASSAM.

            2:BIKASH THOUSEN
             S/O. UPENDRA JHON
            VILL. DONGJEN RAJI
             P.S. UMANGRANSO
             DIST. DIMA HASAO
            ASSAM

Advocate for the Petitioner   : MR P NAYAK

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 19.10.2022

This is an application under Section 115 read with Section 151 of Code of Civil Procedure 1908, assailing the judgment and decree dated 6.7.2010 passed by the Page No.# 2/2

learned Munsiff No. 1, Tinsukia in Title Suit No. 83/2006 whereby the suit of the plaintiff / respondent was decreed for eviction and recovery of arrear rent against the defendant/ present petitioners. The second challenge is the appellate judgment and decree dated 14.8.2015 passed by the learned Civil Judge, Tinsukia whereby the judgment and decree dated 6.7.2010 passed in Title Suit No. 83/2006 was affirmed and the appeal was dismissed. Both the learned courts below have concurrently held the present petitioner to be defaulter in paying rent.

During the course of the hearing the learned counsel for the petitioners submits that the petitioners may be given some time to comply with the decree. In that view of the matter, this court is inclined to grant some time to the petitioners.

Accordingly, it is provided that the petitioner shall vacate the tenanted premises on or before 16.2.2023. If the tenanted premises is not vacated within the aforesaid period, the respondents decree holder shall be at liberty to approach the executing court for eviction of the petitioner.

With the aforesaid terms this revision petition is dismissed, upholding the judgment dated 6.7.2010 and appellate judgment dated 14.8.2015.

JUDGE

Comparing Assistant