4: Mun Mun Saha vs M/S. Rajendra Kumar Sancheti
2023 Latest Caselaw 1558 Gua

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GAHC010270012019




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

                              Case No. : CRP/173/2019

         ON THE DEATH OF ASHUTOSH SAHA HIS LEGAL HEIRS,
         S/O LATE BHUPATI MOHAN SAHA

         1.1: JYOTSHNA SAHA
         W/O - LATE ASHUTOSH SAHA

         1.2: AMIT SAHA
          S/O - LATE ASHUTOSH SAHA

         1.3: PINKI SAHA
          D/O - LATE ASHUTOSH SAHA

         1.4: MUN MUN SAHA
          D/O - LATE ASHUTOSH SAHA

         ALL ARE
         R/O VILL. PNG ROAD
         DHEKIAJULI

         MOUZA DHEKIAJULI
         P.O DHEKIAJULI
         DIST. SONIPUR
         ASSAM
         PIN-78411

         VERSUS

         M/S. RAJENDRA KUMAR SANCHETI
         REP.BY ITS KARTA SRI RAJENDRA KUMAR SANCHETI, S/O LT. BUDHMAL
         SANCHETI, R/O VILL. PNG ROAD, DHEKIAJULI TOWN, MOUZA
         DHEKIAJULI, DIST. SONIPUR, ASSAM, PIN-784110
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Advocate for the Petitioner   : MR. S SAHU

Advocate for the Respondent : MR. S K SINGH




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

20.04.2023

Heard Mr. S. Sahu, learned counsel for the petitioner. Also heard Mr. S. K. Singh, learned Senior Counsel assisted by Mr. B. Pushilal, learned counsel for the respondents.

2. The present civil revision petition is filed assailing the eviction decree dated 05.05.2018 passed by the Munsiff No. 2, Tezpur in Title Suit No. 27/2011 and the appellate order dated 20.06.2019, passed by the learned Civil Judge, Sonitpur at Tezpur in Title Appeal No. 18/2018, whereby the judgment and decree of the learned trial Court was affirmed.

3. It is submitted that decree has partly been executed by evicting the present petitioner from the rented premises. However, the arrears of rent and mesne profit has not yet been recovered.

4. To such arguments, Mr. Singh, learned Senior Counsel submits that the arrears of rent and main profit has almost been paid and only an amount of Rs. 25,000/- to 35,000/- is remained to be paid and the petitioner has promised the decree holder to pay the remaining amount within a short period of time.

5. In view of such submissions, this matter stands adjourned for six weeks.

List this matter after six weeks on a date to be fixed by the Registry.

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JUDGE

Comparing Assistant