MOHAMMED JAMSED Vs. SK. ALTAB

JUDGEMENT

(1.) This appeal has been filed calling in question the judgment and decree passed by the learned 2nd Addl. District Judge, Cuttack in RFA No. 65 of 2009 confirming the judgment and decree passed by the learned Civil Judge (Sr. Divn.), 1st Court, Cuttack in Civil Suit (1) No. 401 of 2004.

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

(3.) Plaintiff's case is that he is the owner of the suit house and premises. The defendant is a tenant and was paying a sum of Rs. 700/- per month as rent which included the charges towards electricity and water consumption. It is stated that the parties being relation, no formal document was prepared. According to the case of the plaintiff, the lease was for eleven months commencing from 1-6-2003 and the defendant had paid rent for a month. So, when he defaulted for making a payment, notice as required under law being served, the suit has been filed.