HIRALAL DEY Vs. RANIBALA MALAKAR

JUDGEMENT

(1.) THE second appeal and the cross objection were taken up together for hearing and this common judgment shall govern both the case.

(2.) LATE Dwijendra Chandra Malakar, predecessor of the present respondents, as plaintiff, (hereinafter mentioned as 'plaintiff') instituted Title Suit No. 10 (Ejection) of 2001 in the Court of Civil Judge (Senior Division), North Tripura, Kailashahar seeking ejection of defendant -appellant, Sri Hiralal Dey (hereinafter mentioned as 'defendant') from the suit premises on the ground of non -payment of rent of the rented suit premises and also for compensation @ Rs. 150/ - per diem from December, 2000 until vacation of the suit premises. After the plaintiff filed T.S. 10 (Ejection) of 2001, the defendant also filed a counter claim, which was registered as T.S. No. 18 of 2001 against the plaintiff seeking declaration that the defendant is a tenant in the suit premises in terms of agreement dated 28.02.1999 and that the ejectment notice was illegal, inoperative and not binding on him and also prayed for permanent injunction against the plaintiff from disturbing his tenancy in the suit premises. Both the suit were taken up together for trial by the learned Trial Judge (Civil Judge, Senior Division, North Tripura, Kailashahar) and on prayer of learned counsel of both side, the learned trial Judge took up the trial of T.S. No. 10 (Ejection) of 2001 and both the parties led evidence in that suit and it was held that the judgment in T.S. No. 10 (Ejection) of 2001 shall govern both the suit. Accordingly, by impugned judgment dated 03.11.2003 passed in T.S. No. 10 (Ejection) of 2001, the counter suit, i.e. T.S. No. 18 of 2001 was also disposed of.

(3.) THE second appeal has been admitted for hearing on the following substantial questions of law: -