DEBENDRANATH NANDI Vs. NATHA BHUIYAN

JUDGEMENT

(1.) THE sole plaintiff has filed this second appeal against the reversing decision dated 9-7-1969 of the Subordinate Judge, Bal asore in Miscellaneous Appeal No. 120/6/9/3 of 1966/67/68 (1 ).

(2.) THE plaintiff's case, in short, is that he purchased 8 decimals of land on 28-31959 appertaining to plot No. 327 of Holding No. 15 in village Natakhata from one rameshwar Marwari of Balasore town as per a redstered sale deed, Ext. 1 dated 28-3-1959, and on a portion of the said land measuring 0. 005 decimals he constructed a mud and thatched house. After the construction of the house the defendant was allowed to occupy the said house as a monthly tenant on a rental of rs. 3/- per month. He paid rent to the plaintiff regularly till March, 1962, but thereafter as he defaulted in payment of the same, the plaintiff issued a notice, thro ugh his lawyer on January 16, 1964 (Ext. 2) for payment of rent and for vacating possession of the house. The defendant did not accept the same, as according to him, the address given in the said notice was incorrect. Thereafter the plaintiff instituted this suit for recovery of possession of the suit land purchased by him, for eviction of the defendant from the suit house thereon and for consequential reliefs, such as recovery of arrears of rent and damages etc.

(3.) THE defendant denied the plaint allegations, and averred that he had constructed his own hutment on a portion of plot No. 323 having taken lease of that portion of land from the District Board. According to him, he has been for the last 20 years staying in the said hutment constructed by him on plot No. 323 on his own right. He was paying rent for the occupation of the said land to the District board, and after the abolition of the District Board, he has been paying rent to the state of Orissa. He has specifically denied to be a tenant under the plaintiff in respect of the house on plot No. 327. He denied receipt of the notice.