BHAGIROTHY MOHANTY Vs. KASHINATH DASS

JUDGEMENT

(1.) THIS appeal by defendant No. 1 is preferred against the confirming judgment of the learned First Additional District Judge, Cuttack, passed in the Title Appeal No. 25 of 1987.

(2.) THE plaintiff, respondent No. 1 herein, filed the suit against the defendants 1 and 2 contending, inter alia, that he being the owner in possession of the suit land, let out to defendant No. 1 on 1st September, 1982 on a monthly rent of Rs. 70/- p.m. for opening a firewood business. It was mutually agreed that in the month of June, 1983 defendant No. 1 would vacate the suit land and put him in possession thereon. On the expiry of the period, instead of putting the plaintiff in possession, he sublet the same to defendant No. 2 on a monthly rent of Rs. 120/-. So, the plaintiff served a registered notice through his Advocate and finally filed the suit for eviction and also for damages at the rate of Rs. 10/- per day till possession is restored. So far as defendants 3 to 5 are concerned, they being purchasers of a portion of the suit land, he arrayed them as proforma defendants.

(3.) IN the light of the pleadings of the parties, learned Munsif framed as many as 7 issues and on consideration of the evidence adduced during trial, came to hold that the plaintiff has title to the suit land and that defendant No. 1 is a monthly tenant at will under him and having held thus he decreed plaintiff's suit and directed defendants 1 and 2 to put him in vacant possession. He further passed a decree for damages at the rate of Rs. 70/- per month against defendant No. 1. Feeling aggrieved defendant No. 1 preferred appeal and the learned First Addition District Judge upon hearing accepted the findings and conclusion arrived at by the trial Court and confined the decree.