Kiran Rani Nath vs Lakshmi Deb And 2 Ors
2025 Latest Caselaw 3845 Gua

Gauhati High Court

Kiran Rani Nath vs Lakshmi Deb And 2 Ors on 7 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                             Page No.# 1/4

GAHC010022812025




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

                             Case No. : CRP/29/2025

         KIRAN RANI NATH
         W/O- LATE HARENDRA KUMAR NATH,
         RESIDENT OF- RADHARAMAN SARANI, ITKHOLA,
         SILCHAR TOWN, PARGANA- BARAKPAR,
         P.O.-SILCHAR, DISTRICT- CACHAR,
         ASSAM, PIN CODE- 788001.



         VERSUS

         LAKSHMI DEB AND 2 ORS.
         WIFE OF - LATE JYOTIRMOY DEB,
         RESIDENT OF RAHAMANPATTY, MALUGRAM,
         SILCHAR TOWN, PARGANA- BARAKPAR,
         DISTRICT- CACHAR, ASSAM, PIN CODE- 788001.

         2:DEBOJYOTI DEB
          SON OF - LATE JYOTIRMOY DEB

         RESIDENT OF RAHAMANPATTY
         MALUGRAM

         SILCHAR TOWN
         PARGANA- BARAKPAR

         DISTRICT- CACHAR
         ASSAM
         PIN CODE- 788001.

         3:SMTI UMA DEB @ ANJELA DEB
         WIFE OF - SHRI DEBOJYOTI DEB

         RESIDENT OF RAHAMANPATTY
                                                                       Page No.# 2/4

            MALUGRAM

            SILCHAR TOWN
            PARGANA- BARAKPAR

            DISTRICT- CACHAR
            ASSAM
            PIN CODE- 788001

   For the Petitioner(s)        : Mr. A.K. Purkayastha, Advocate
                                  Mr. S. Nath, Advocate
                                  Mr. R. Saha, Advocate

   For the Respondent(s)        : Mr. D. Chakrabarty, Advocate



                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 07.03.2025

Issue notice making it returnable on 29.04.2025.

2. It has been brought to the notice of this Court by Mr. D. Chakrabarty, the learned counsel appearing on behalf of the respondent Nos. 2 and 3 that the respondent No. 1 has already expired on 14.11.2024.

3. Be that as it may, the estate of the respondent No. 1 is duly represented by the respondent Nos. 2 and 3 whom he represents. Accordingly, the name of the respondent No. 1 is struck off.

4. Extra copies of the instant revision petition be served upon him during the course of the day.

5. The petitioner herein who is admittedly a tenant of the respondents has filed the instant revision petition by invoking the jurisdiction under Page No.# 3/4

Section 115 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 12.11.2024 passed by the Court of the learned Civil Judge (Sr. Div.) No. 2, Cachar at Silchar (hereinafter referred to as, "the learned First Appellate Court") by which the judgment and decree dated 14.06.2023 passed by the Court of the learned Munsiff No. 2, Cachar at Silchar (hereinafter referred to as, "the learned Trial Court") in Title Suit No. 119/2014 was upheld.

6. It is however relevant to take note of that the learned Trial Court in its judgment and decree dated 14.06.2023 in Title Suit No. 119/2014 had opined that the defendant who is the petitioner herein was a defaulter in payment of rent and further that the respondents herein who were the plaintiffs had a bona fide requirement of the suit premises. The learned First Appellate Court however interfered with the said judgment and decree dated 14.06.2023 passed by the learned Trial Court on the issue of bona fide requirement but upheld the finding in respect to the issue pertaining to that the petitioner herein was a defaulter in payment of rent.

7. This Court has duly perused the decision of the learned First Appellate Court in respect to the point of determination No. 4 and it is the opinion of this Court that without perusing the records, it would not be possible for this Court to arrive at a conclusion as to whether the learned First Appellate Court was justified in its decision in respect to the point of determination No. 4.

8. Consequently, this Court calls for the records of Title Appeal No. 07/2023 as well as Title Suit No. 119/2014 from the learned Courts below.

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9. The Registry is directed to take appropriate steps for requisitioning of the records so that the same can be placed before this Court on the next date fixed.

10. Taking into account that this Court is presently adjudicating the matter on the issue, as to whether, the petitioner herein is a defaulter in payment of rent, this Court is of the opinion that the impugned judgment and decree dated 12.11.2024 passed in Title Appeal No. 07/2003 by the learned First Appellate Court be stayed till the next date.

11. Accordingly, the judgment and decree passed by the learned First Appellate Court i.e. the Court of the learned Civil Judge (Sr. Div.) No. 2, Cachar, Silchar in Title Appeal No. 07/2023 is stayed till the next date.

12. List accordingly.

JUDGE

Comparing Assistant