SOMA BANIK Vs. DIPTI RANI PODDER

JUDGEMENT

(1.) This Civil Revision petition is a sad commentary on the judicial system of the country where a simple litigation between a landlord and tenant is pending for almost three decades. Both the original landlord and tenant have died during the pendency of these proceedings.

(2.) On 03.10.1985, Sri Nityagopal Podder, the landlord, who was the predecessor in interest of the respondents, filed an eviction petition being R.C.C. No. 20 of 1995 under The Tripura Buildings (Lease and Rent Control) Act, 1975, claiming eviction of the tenant Girindra Chandra Banik, predecessor and interest of the present petitioners, from the shop let out by him to the petitioner on two grounds, namely default in payment of the rent and bonafide requirement.

(3.) During the pendency of this petition on 22.04.1996, the petitioner sought to file an amendment petition which amendment was finally allowed and the petitioner was permitted to seek eviction of the original tenant also on the ground that he had sub-let the premises to Dhruba Krishna Banik. The Rent Controller vide order dated 25.08.2000 allowed the petition of the landlord and ordered eviction of the tenant on two grounds namely, default in payment of rent and also on the ground that the landlord bonafide require the premises. He held that the ground of subletting was not made out.