GUWAHATI, India, Sept. 17 -- Gauhati High Court issued the following order on Aog. 19:

1. Heard Mr. S. Ali, learned counsel for the petitioner and Mr. G.N. Sahewalla, learned senior counsel, assisted by Ms. K. Bhattacharya, learned counsel for the respondents.

2. In this appeal, under Section 115 of the Code of Civil Procedure, read with Section 151 of the said Code, the petitioner has put to challenge the correctness or otherwise of the judgment and decree, dated 21.12.2024, passed by the learned Civil Judge (Senior Division) No. 2, Kamrup (M) at Guwahati (appellate court hereinafter), in Title Appeal No. 24/2022.

3. It is to be noted here that vide impugned judgment and decree dated 21.12.2024, the learned appellate court had allowed the appeal filed by the respondents herein and dismissed the crossobjection filed by the petitioner and thereafter, reversed the judgment and decree dated 23.08.2022, passed by the learned Munsiff No. 2, Kamrup (M) at Guwahati (trial court hereinafter), in Title Suit No. 235/2016.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

"The petitioner, as plaintiff, had instituted a title suit, being Title Suit No. 235/2016, against the present respondents, before the learned Munsiff No. 2, Kamrup (M) at Guwahati, seeking a decree of ejectment of the respondents/defendants, basically on two grounds:-

(i) defaulter and

(ii) bona-fide requirement and also for realization of arrear rent.

In the aforementioned title suit, the respondents, on receipt of notice, entered appearance and contested the suit by filing joint written statement. Thereafter, the learned trial court, after hearing learned counsel for both the parties and also considering the evidence brought on record, had decreed the suit, only on the ground of bona-fide requirement. But, it had decided the ground of defaulter, in favour of the respondents.

Then being aggrieved, the respondents herein, had preferred an appeal, being Title Appeal No. 24/2022, before the learned appellate court. In the said appeal, the petitioner, being aggrieved with the finding of the learned trial court, on the point of defaulter had filed a cross-objection. But, the learned appellate court, after hearing advocates of both the parties, had allowed the appeal and dismissed the cross- objection vide impugned judgment and decree dated 21.12.2024."

5. Being aggrieved, the petitioner has preferred the present petition challenging the aforesaid judgment and decree on the following grounds:-

(i) That, the learned appellate court had misread, misinterpreted and misconstrued the relevant provisions of law and the rules framed there under, presently holding the field, and arrived at an erroneous finding;

(ii) That, the learned appellate court had failed to appreciate that the respondents had failed to produce or exhibit, the Cheque No. 000279, dated 07.01.2016, by which the respondents alleged that the rent was tendered by them to the petitioner/landlord and that the said cheque was a vital piece of evidence to show that the respondents had offered and tendered rent for the month of December, 2015, on 07.01.2016, and as the respondents miserably failed to produce the said document, it is established that the respondents had failed to tender the monthly rent for the month of December, 2015 to the petitioner and as such, the respondents are defaulters and not liable to get the protection under the Assam Urban Areas Rent Control Act, 1972 (1972 Act hereinafter) and that the learned appellate court, having held that the Judgment and Decree dated 21.12.2024, with respect to issue No. 3 is liable to be set aside and thereby reversed the same;

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxZ0jrLAll%2Bwb9d%2Bf%2FjUng05YTtY03ClSjiDZ3NQB2Rf&caseno=CRP/17/2025&cCode=1&cino=GAHC010019282025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.