SANTOSH KUMAR SAHOO Vs. RAMAWATAR SAHA

JUDGEMENT

(1.) DEFENDANT is in appeal against Judgment & decree passed by Learned Civil Judge (Senior Division), Second Court, Cuttack in C.S. (I) No.65 of 2008 (T.S. No.370 of 1999).

(2.) PLAINTIFFS suit is a suit for eviction & for arrear rent & damages. Suit property comprises of a shop room. Defendant occupied the shop room as Plaintiffs tenant & used to pay rent. These facts are not in dispute.

(3.) DEFENDANT filed written statement disputing valid service of notice under Section 106 of the Act. It is averred that rent has been paid till the month of November, 1996. Defendant's case is that he is not required to pay rent to the Plaintiff after November, 1996. It is asserted that on 8.11.1996 Defendant's wife purchased a house which was under occupation of the Plaintiff & his brother as her vendor's tenants. After purchase it was agreed upon by the parties that Defendant would not pay rent for occupation of the suit house from the month of January, 1997 &, similarly, no rent would be payable by the Plaintiff & his brother for occupation of the house purchased by the Defendant's wife. In other words, there would be adjustment of rent. It is also averred that having been astonished by institution on the present suit, Defendant's wife filed T.S. No.305 of 2003 for eviction against the Plaintiff.