PAUL LEONG Vs. ARCHDIOCESE OF SHILLONG

JUDGEMENT

(1.) Preliminary This first appeal under Section 96 of the Code of Civil Procedure by the defendant-tenant is directed against the Judgment and Decree dated 14.11.2012 as passed in Title Suit No.9 (H) of 2003, whereby the learned Assistant District Judge, Shillong has decreed the suit filed by the plaintiff-respondent for eviction and recovery of arrears of rent, essentially after finding that the defendant-tenant had been a defaulter in payment of rent.

(2.) It may be noticed at the outset that three title suits between the same parties, bearing numbers 8(H) of 2003, 9(H) of 2003 and 10(H) of 2003 and relating to different tenancies in different portions of the same building, were decided together by the impugned common judgment dated 14.11.2012. Initially, the defendant-appellant attempted to assail the decrees passed in the three suits by way of this single appeal but on 10.03.2016, an objection was raised on behalf of the plaintiff-respondent on the maintainability of single appeal against the decrees so passed in three suits whereupon, learned counsel for the defendant-appellant submitted that he was not pressing on his challenge to the decrees passed in Title Suit No. 8 (H) of 2003 and Title Suit No. 10 (H) of 2003; and was confining this appeal only in relation to the decree passed in Title Suit No. 9 (H) of 2003. Having regard to the submissions made, this Court clarified the position by the order dated 10.03.2016 as under:

(3.) The plaintiff-respondent filed the suits aforesaid, seeking eviction of the defendant-appellant from the respective suit premises and recovery of arrears of rent with the averments that the parties had entered into three tenancy agreements dated 07.06.2002 in respect of different portions of the three-storied RCC building, known as "Salonsar Mansion" and situated at Jail Road, Shillong. The respondent averred in the plaint relating to T. S. No. 9(H) of 2003, inter alia, that as per the terms and conditions mutually agreed upon in the tenancy agreement dated 07.06.2002, an area admeasuring about 4,500 sq.ft. at the ground floor of the building aforesaid was let out to the defendant-appellant at the monthly rent of Rs. 40,500/-; that the rent was payable in the first week of every English calendar month; and that the tenancy was for a period of 5 years w.e.f. 08.06.2002, renewable for the period as mutually agreed upon and after enhancing the monthly rent by 5%. The plaintiff-respondent also averred that as per the mutually agreed terms and conditions, the defendant-appellant deposited a sum of Rs.1,00,000/- towards security.