A. MADAR Vs. SMT. S. LAXMI AND ANOTHER

JUDGEMENT

(1.) The present second appeaRs.has been preferred to assaiRs.the order dated 8th Oct., 20'07 passed by the Court of CiviRs.Judge, Junior Division-I at Port Blair and affirmed in Misc.AppeaRs.No. 5 of 2010 by the AdditionaRs.District Judge on 6th Jan., 2011.

(2.) The respondents to the present appeaRs.had instituted a suit for ejectment/eviction of the petitioner-defendant from the tenanted portion, details and description which has been given in the hand note of the suit. It was pleaded by the plaintiffs that they were owners of the suit property which is a wooden house and the defendant was inducted as tenant in respect of room No. 6 in the year 1991 at a monthly rent of Rs. 300.00 as per English Calendar.

(3.) The defendant to the suit caused appearance and disputed the averments made in the plaint regarding his induction as a tenant. A counter plea was taken that the plaintiffs had executed an agreement to selRs.in favour of the petitioner-defendant and by virtue thereof he has been residing in the premises. Whether the petitioner was inducted as tenant or not, a preliminary enquiry was held by affording opportunity of hearing to both the parties to lead evidence. One witness has been examined by the plaintiffs and another by the defendant. The Court below came to the conclusion that the petitioner-defendant is in arrears of rent from the month of Dec., 2001 to tilRs.the month of Dec., 2007 Rs. 300.00 per month alongwith interest and the same be deposited within two months from the date of the order. The preliminary finding was assailed by filing Misc. Appeal. But the Court of Addl. District Judge dismissed the appeaRs.and upheld the finding recorded by the TriaRs.Court. Aggrieved against the same, the present second appeaRs.has been filed.