Rupak Paul v. M/S Saradamani Store

O R D E R

24.06.2024

Mr. D. Chakraborty, the learned counsel appearing on behalf of the petitioner submits that he may be permitted to withdraw the instant proceedings with the liberty to challenge the judgment and decree passed by the learned First Appellate Court dated 12.03.2024 passed in Title Appeal No.7/2022.

¶2This Court has duly taken note of that the suit was filed by the petitioner herein as plaintiff seeking for decree that he is a monthly tenant and he should not be evicted without due process. The said suit was dismissed and thereagainst an Appeal was filed which was also dismissed.

¶3In the opinion of this Court, the instant petition under Section 115 of the Code of Civil Procedure, 1908 is not maintainable taking into account that against the decree, there is a requirement of filing a Second Appeal within the meaning of Section 100 of the Code of Civil Procedure, 1908.

¶4It is relevant to take note of Section 8 of the Assam Urban Area Rent Control Act, 1972 is not applicable taking into account that it was not the suit filed by the landlord. Under such circumstances, this Court therefore dismisses the instant petition on the ground of maintainability. Page No.# 3/3

¶5Be that as it may, taking into account that the petitioner has been bonafidely litigating before this Court, the period from the date of the filing of the instant petition, i.e. on 18.04.2024 till date, be excluded in the circumstance the petitioner herein prefers any Appeal against the judgment and decree dated 12.03.2024 passed in Title Appeal No.7/2022.

¶6The counsel for the petitioner herein is also given the liberty to file an application before the Registry for the certified copies of the judgment and decree passed by the learned First Appellate Court as well as the learned Trial Court which are part of the instant petition. In the circumstance, if such application is filed, the Registry shall forthwith and not later than 5 days therefrom provide the certified copies of the judgments.

¶7The Registry shall retain the LCR for 1 (one) month and thereafter return the LCR to the Court below.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010079542024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/51/2024o RUPAKoPAULo S/OoLATEoRAKESHoCHANDRAoPAUL,oR/OoPARKoROAD,oP.O.oANDoP.S.- SILCHAR,oDIST-oCACHAR,oASSAM VERSUSo M/SoSARADAMANIoSTOREo AoPARTNERSHIPoFIRMoAToCENTRALoROAD,oP.O.oANDoP.S.-SILCHAR,oDULYo REPRESENTEDoBYoITSoPARTNERSoNAMELY 1.1:SISIRoKUMARoROY oS/OoLATEoSRISHoCHANDRAoROY oR/OoBILPAR oP.O.oANDoP.S.-SILCHAR oDIST-CACHAR oASSAM oPIN-788005 1.2:ASHISHoKUMARoROY oS/OoLATEoSRISHoCHANDRAoROY oR/OoBILPAR oP.O.oANDoP.S.-SILCHAR oDIST-CACHAR oASSAM oPIN-788005 1.3:DEBASISHoROY oS/OoLATEoSRISHoCHANDRAoROY oR/OoBILPAR oP.O.oANDoP.S.-SILCHAR oDIST-CACHAR oASSAM Page No.# 2/3 PIN-78800 For the petitioner (s) : Mr. D. Chakraborty, Advocate For the respondent (s) : Mr. G. N. Sahewalla, Sr., Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH