CHAMPAKALATA MOHANTY Vs. ATMARANJAN MOHAPATRA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 10.5.2007 and 29.6.2007 respectively passed by the Adhoc Additional District Judge, Fast Track Court No. 1, Cuttack, in T.S. No. 271 of 2001, decreeing the Plaintiff's suit and directing the Defendants to give vacant possession of the suit scheduled premises to the Plaintiff within two months.

(2.) The original Appellant, Smt. Champaklata Mohanty, who was Defendant No. 2 in the suit, having died during pendency of this appeal, she has been substituted by the present Appellants and proforma Respondent No. 4, as her legal representatives.

(3.) The Plaintiff-Respondent No. 1 filed T.S. No. 271 of 2001 seeking eviction of the Defendants from the tenanted premises mentioned in Schedule 'B' and 'C', situated over Schedule 'A' land, as detailed in the plaint. The case of the Plaintiff was that he had agreed to let out the first floor of the building, as per Schedule 'B' to the Defendants vide lease agreement dated 8.12.1991, with a stipulation that the said lease would be for a period of three years, commencing from 1.2.1992 to 31.1.1995, with a monthly rent of Rs. 4,500/-. Subsequently, on the request of the Defendants a supplementary agreement was executed between the parties on 18.4.1992, extending the period of tenancy from three years to seven years, commencing from the date of their original occupation and it was stipulated therein, that the monthly rent of Rs. 4,500/- would be payable for three years from the date of commencement of the tenancy, i.e.1.2.1992, and thereafter the monthly rent would be Rs. 5,800/- per month for the balance period of four years.