SANJIT CHATTERJEE Vs. SUSHIL KR. CHAKRABORTY

JUDGEMENT

(1.) The suit was filed on 2.12.92 for eviction of a monthly premises tenant on the grounds of default in payment of rent 8nd reasonable requirement. The defendant petitioner resisted the claim for eviction by filing a written statement on 17,9.93 pleading an agreement for sale of the tenanted premises and praying for dismissal of the suit with costs and also for 8 direction upon the plaintiff to execute and register the sale deed in terms of the alleged agreement after taking the balance consideration money from the defendant, on the allegation that during the subsistence of the tenancy an agreement was entered into by and between the parties on 1st June/1.7.1991 for sale of the patented premises by the plaintiff landlord in favour of the defendant tenant for a consideration of Rs. 50,000.00 out of which a total sum of Rs. 8,000.00 was paid by the defendant to the plaintiff by two instalments.

(2.) By pleading the agreement for sale and the part payment of price, the defendant petitioner wanted to make cut a case that he was no longer a tenant under the plaintiff and that he has acquired right, title and interest in the suit premises and that the plaintiff is not entitled to get a decree for eviction or mesne profits as prayed for.

(3.) The suit went to trial with the usual issues in a suit for eviction such as, maintainability of the suit, legality and validity of the notice to quit, and reasonableness of the requirement of the plaintiff for own use and occupation etc. Both parties led evidence in support of their respective cases including those for and against the alleged agreement for sale.