RADIO TALKIES EQUIPMENT COMPANY Vs. DEBADAS GHOSH

JUDGEMENT

(1.) Heard Mr N.M. Lahiri, learned advocate for the petitioner and Mr D.C. Mahanta, learned advocate for the respondents.

(2.) This revision arises out of the judgment and decree dt. 15.12.93 passed in T.A. No. 16/85 by the learned Asstt. District Judge, Dhubri. By the impugned judgment the learned Judge allowed the appeal and set aside the judgment and decree passed in T.S. No. 604/ 82 by the learned Munsiff No. 1, Dhubri and decreed the suit.

(3.) The opposition party as plaintiff instituted a suit being Title Suit No. 604/82 in the Court of the learned Munsiff No. 1 at Dhubri against the present petitioner/defendant for ejectment and for recovery of arrear rent on the grounds of default from the month of June, 1982 and there also was a plea of bonafide requirement. The petitioner as defendant contested the suit by filing a written statement wherein he denied the plea of bonafide requirement as well as default. With regard to the plea of default the case of the defendant was that the landlord having refused to accept the rent he made the deposit in the Court under Section 5(4) of the Assam Urban Areas Rent Control Act, 1972 and as such he was protected.