Siddhartha Sen vs Roma Choudhury And Anr
2024 Latest Caselaw 4111 Gua

Gauhati High Court

Siddhartha Sen vs Roma Choudhury And Anr on 10 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

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GAHC010111842024




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

                              Case No. : CRP/62/2024
          SIDDHARTHA SEN
          S/O- LATE KHAGESH CHANDRA SEN,
          NATUNPATTY, SILCHAR TOWN,
          PARGANA- BARAKPAR,
          DIST.- CACHAR, ASSAM.


          VERSUS

          ROMA CHOUDHURY AND ANR
          WIFE OF LATE BIBHA BASU CHOUDHURY,
          RESIDING OF SHYAMA PRASAD ROAD,
          SHILLONG PATTY, SILCHAR TOWN,
          PARAGRAN- BARAKPAR,
          DIST.- CACHAR, ASSAM PIN- 788001.

          2:DR. AYAN CHOUDHURY
           SON OF LATE BIBHA BASU CHOUDHURY
           RESIDING OF SHYAMA PRASAD ROAD
           SHILLONG PATTY
           SILCHAR TOWN
           PARAGRAN- BARAKPAR
           DIST.- CACHAR
          ASSAM PIN- 788001

Advocate for the Petitioner : MR. S K GHOSH
Advocate for the Respondent : MR. D MAZUMDAR
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                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                     ORDER

10-06-2024 Heard Shri S. K. Ghosh, learned counsel for the petitioner, who has challenged the judgment and decree dated 17.02.2024 passed by the learned Civil Judge, Senior Division No. 2, Cachar in Title Appeal No. 12/2022. By the said judgment, the judgment and decree dated 30.03.2022 passed by the learned Munsiff No. 1, Cachar in TS No. 470/2006 has been affirmed. The suit was for ejectment of the petitioner, who was a tenant and for recovery of arrear rent.

It is submitted that though two grounds were formulated for instituting the suit, the grounds regarding bona fide requirement was not proved and the ejectment has been done on the basis of defaulter. It is submitted that there was no default in payment of rent.

Shri Mazumdar, the learned Senior Counsel for the respondents has however submitted that the findings arrived at by both the learned Court's below are based on materials on record and upon a proper appreciation of the law concerning landlord tenant.

Let notice be issued, returnable on 23.07.2024. Shri Dutta, learned counsel assisting the learned Senior Counsel accepts notice on behalf of all the respondents.

Considering the subject matter of dispute and also the fact that the impugned judgment is of affirmation of the original judgment and decree, an endeavour would be made to take up this matter for final disposal on the next date.

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Shri Mazumdar, the learned Senior Counsel for the respondents has submitted that he would instruct his client not to initiate any execution proceedings in the meantime.

JUDGE

Comparing Assistant