THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. RAMBHA BRAHMA
Case at a glance
- Decided
- 14 Jun 2023
- Bench
- DEVASHIS BARUAH
Provisions considered
Key paragraphs
- Para 55. Accordingly, this Court therefore disposes off the instant petition with a direction upon the learned Trial Court to frame an additional issue in the said suit from the existing issues as framed on 13/7/2022 i.e. “Whether the suit comes within the purview of the…
Judgment
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date : 14.06.2023 ORDER Heard Mr. B.J. Mukherjee, the learned counsel appearing on behalf of the Petitioner. Mr. A. Sarma, the learned Senior Counsel assisted by Mr. N. Brahma, the learned counsel appears on behalf of the Respondent.
The instant application under Article 227 of the Constitution has been filed challenging the order dated 22/9/2022 passed by the learned Court of Munsiff, Chirang in Misc. (J) Case No.37/2022 arising out of Title Suit No. 4/2022.
It is submitted by the learned counsel that the learned Trial Court failed to Page No.# 2/2 observe paragraph No. 17 of the written statement wherein it was the specific case of the Defendant that it was the vacant plot of land which was leased out to the Petitioner/the Defendant and therefore had categorically mentioned in the said paragraph that the case is covered under the provisions of Assam Non-Agricultural Urban Areas Tenancy Act, 1955.
Upon perusal of the written statement, more particularly paragraph No.17, this Court is of the opinion that the issue so suggested as “Whether the suit comes within the purview of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 ?” ought to have been framed by the learned Trial Court and more particularly when it was brought to the notice of the learned Trial Court by the Defendant by filing the application.
Accordingly, this Court therefore disposes off the instant petition with a direction upon the learned Trial Court to frame an additional issue in the said suit from the existing issues as framed on 13/7/2022 i.e. “Whether the suit comes within the purview of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 ?”
It is further relevant to take note of that vide an order dated 4/1/2023, this Court had stayed the further proceedings of Title Suit No. 4/2022, which was pending before the Court of the Munsiff, Chirang, Kajalgaon.
In view of the disposal of the instant petition and taking into account that the parties are duly represented, this Court therefore directs the parties to appear before the learned Trial Court on 6/7/2023 and the Trial Court thereupon shall proceed with the adjudication of the suit by taking into account the directions passed herein. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Assam Non-Agricultural Urban Areas Tenancy Act, 1955.
Which court decided this case, and when?
Gauhati High Court, on 14 Jun 2023. The bench was DEVASHIS BARUAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.