SANATAN BARDHAN Vs. RANU SEN

JUDGEMENT

(1.) This is a Defendant's appeal against a reversing judgment. The judgment passed by learned Addl. District, Balasore on 18/7/2017 followed by decree in R.F.A. No. 49/115 of 2009/2006 is under challenge whereby the judgment dtd.29/7/2006 followed by decree passed by learned Civil Judge (Jr. Division), Balasore, in T.S. No. 486 of 1997-I was reversed.

(2.) For convenience, the parties are referred to as per their respective status in the trial Court.

(3.) The suit in question was filed by the Plaintiff- respondents for eviction of the defendant from the suit house. The facts of the case, relevant for deciding the present appeal are that the suit house belongs to late Sisir Ch. Sen, the predecessor of the plaintiffs. He inducted the defendant as a monthly tenant for one year @ Rs.300.00. The defendant paid the house rent to said Sisir till his death whereafter, the plaintiffs having succeeded to the property accepted rent from him. The defendant was asked by the plaintiffs to pay enhanced rent @ Rs.800.00 per month as per the prevailing market rate but he did not pay the same nor cleared the arrear dues. As such, on 9/12/1996 the plaintiffs served Advocate's Notice on the defendant but the same was not responded to. On 15/12/1996, the suit house was found in a dilapidated condition needing urgent repair for which the plaintiffs asked the defendant to vacate the same but he did not vacate the house and continued to default in paying the enhanced rent from the month of October, 1995. Hence, the suit.