Gauhati High Court

Puniram Nath vs Khagen Hazarika on 6 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010125562022




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

                                Case No. : CRP/100/2022

         PUNIRAM NATH
         S/o - Late Nabin Chandra Nath,
         Vill - Mayengia,
         P.O - Charaibahi, P.S - Mikirbheta,
         Dist - Morigaon, Pin - 782413, Assam



         VERSUS

         KHAGEN HAZARIKA
         S/o - Late Ranjan Hazarika,
         Vill - No.Bheti, Ward No - 10,
         P.S - Morigaon, Dist - Morigaon, Pin- 782105, Assam.

          Linked Case : CRP/41/2022

         KHAGEN HAZARIKA
         S/O. LT. RANJAN HAZARIKA
         PANCHAYAT SECRETARY
         R/O. VILL. NA BHATI
         WARD NO.10
         P.O. MORIGAON
         P.S. MORIGAON
         DIST. MORIGAON
         ASSAM
         PIN-782105.


          VERSUS

         PUNIRAM NATH
         S/O. LT. NABIN CHANDRA NATH
         VILL. MAYENGIA
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               P.O. CHARAIBAHI
               P.S. MIKIRBHETA
               DIST. MORIGAON
               PIN-781006.



For the petitioner (s)        : Mr. R. K. Bhuiyan, Advocate

For the respondent (s)     : Mr. A. K. Purkayastha, Advocate

                                   BEFORE
                    HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                  ORDER

06.05.2024

Both the petitions under Section 115 of the Code of Civil Procedure, 1908 are filed challenging the judgment and decree dated 18.12.2021 passed in Title Appeal No.31/2017 whereby the learned First Appellate Court decreed the suit for eviction of the defendants on the ground of bonafide requirement.

2. The petitioner in CRP No.100/2022 has assailed the impugned judgment and decree dated 18.12.2021 only on the ground that the issue of defaulter has gone against the landlord. On the other hand, the tenant who is the petitioner in CRP No.41/2022 assails the said impugned judgment and decree on the ground that the learned First Appellate Court has wrongly decided the issue of bonafide requirement.

3. Both the petitions accordingly stand admitted.

4. List the matter for hearing on 20.06.2024.

5. The Registry shall call for the records of the learned Trial Court as Page No.# 3/3

well as the First Appellate Court forthwith and ensure that the records are available on the next date so fixed.

6. This Court has also taken note of that this is the second round of litigation, and as such, an attempt shall be made to dispose of both the revision applications on the next date so fixed.

7. The parties are given the liberty to mention the matter for upgrading.

8. The interim order so passed earlier stands extended till the next date.

JUDGE

Comparing Assistant