MONORANJAN MOHANTY Vs. STATE ENGINEER

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. 100 of the Code of Civil Procedure (for short, 'the Code') has assailed the judgment and decree passed by the learned Additional District Judge, Rairangpur in R.F.A. No.18 of 2012.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) The Plaintiff's case, in short, is that he is the owner of the land and house in question. The Defendants had established one LPT Centre over the suit land having taken the land and house on lease from the original recorded tenant Shiba Narayan Dash. The Plaintiff having purchased the said land, the Defendants have attorned him as to be the lessor. It is stated that the parties had agreed that the Defendants would pay the monthly rent as would be assessed by the Public Works Department (PWD). The Defendants are said to have adopted dilatory tactics to settle the fair rent. However, in the month of March, 2003 fair rent certificate was obtained from the PWD (R&B), Rairangpur which was calculated @ Rs.11,665.00 for the entire premises. It is further stated that the Plaintiff, his wife and daughters purchased three parcels of land covering the entire premises and accordingly, rent of Rs.3066.00 is payable to Bijoy Laxmi Mohanty, Rs.3733.00 is payable to Dr. P.S.c Manikeswari and Rs.4866.00 is payable to the Plaintiff. So as per the fair rent certificate, the Plaintiff is entitled to monthly rent of Rs.4866.00 from the Defendants. The Defendants however did not pay the same. So he filed the suit for eviction of the Defendants and realization of the rent along with interest pendentilite and future.