KARUNA RAM MEDHI Vs. KAMAKHYA PRASAD BARUAH

JUDGEMENT

(1.) Substitution allowed.

(2.) This appeal by special leave arises from the judgment of the full bench of the High court of Assam, made on 24/8/1982 in SA No. 58 of 1976.

(3.) The admitted facts are that the respondent had entered into an agreement of lease of land with the predecessor-in-title of the appellant on 5/1/1953 for a period of seven years on payment of premium of Rs. 30. 00 p. a. The respondent constructed a house therein within five years from the date of the lease. The house was gutted in a fire on 4/4/1958 and thereafter the respondent reconstructed the house. The appellant had issued a notice on 12/12/1959 asking the respondent to vacate the land and deliver thepossession on 1/1/1960. The respondent has resisted the contentions raised in the suit filed by the appellant for ejectment of the respondent from the demised property. The trial court decreed the suit. On appeal, the Additional District Judge confirmed the same. In the second appeal, the full bench of the High court reversed the decree of the trial court and dismissed the suit. Thus this appeal by special leave.