LAKHI PATOR Vs. JAYANTA DEKA AND ORS.

JUDGEMENT

(1.) By filing this revision under Section 115 of the Code of Civil Procedure (in short, 'the Code'), the petitioner has put to challenge the judgment and decree, dated 05.03.2010, passed by the learned Civil Judge, Morigaon, in Title Appeal No. 13 of 2009, dismissing the appeal and upholding the judgment and decree, dated 09.03.2009, passed, in Title Suit No. 65 of 2006, by the learned Munsiff No. 1, Morigaon, whereby the plaintiffs-opposite party have been granted decree for recovery of the arrear rent since January, 2004, and for eviction of the defendant-petitioner from the suit house within a period of one month from the date of passing of the judgment. The case of the plaintiffs may, in brief, be described thus: Late Narottam Deka, predecessor-in-interest of the plaintiffs, was the owner of the suit house. About 15 years ago, the defendant entered into the suit house as a tenant under Narottam Deka. The monthly rent, in the year 1993, was Rs. 150/- and with effect from January, 2002, the monthly rent was enhanced to Rs. 700/-. The defendant had been paying monthly rent to the plaintiff till the end of the year 2003. In the month of December, 2003, Monorama Deka, wife of deceased Narottam Deka, expired and with effect from January, 2004, the defendant did not pay any rent despite demands for rent raised by the plaintiffs. The plaintiffs, therefore, instituted the suit on the ground that the defendant was a defaulter and he was, therefore, liable to pay the arrear rents with effect from 01.01.2004 @ Rs. 700/- per month until the date of the decree and also liable to be evicted with his family members from the suit house.

(2.) The defendant contested the suit by contending that it was about 23 years back that he (defendant) had come into possession of the land, where the suit house stands situated, by taking the said land on rent from Narottam Deka and, having accordingly taken possession of the land on rent, he constructed the house himself with the consent of Narottam Deka and had been paying rent to Narottam Deka not for the house, but for the land, the rent of the land being Rs. 150/- per month. In the month of March, 1994, the defendant and Narottam Deka entered into an oral agreement, the agreement being that Narottam Deka would sell the land to the defendant on consideration of Rs. 70,000/-. Pursuant to the agreement, so reached, the defendant, on 10.05.1944, paid the first installment of Rs. 20,000/- to Narottam Deka and thereafter, he paid four installments Of Rs. 10,000/- each, on 02.12.1994, 04.11.1995, 07.10.1996 and 12.01.2001. The defendant further paid Rs. 5,000/- on 14.10.2003. Thus, the defendant paid, in all, Rs. 65,000/- to Narottam Deka. It had been agreed between Narottam Deka and the defendant that the former would, on 10.04.2004, execute a sale deed in favour of the defendant in respect of the land over which the suit house stands. However, in the meanwhile, Narottam Deka fell ill and died on 24.04.2004 and he could not, therefore, execute the sale deed as had been agreed upon. The defendant is not, thus, a defaulter and the suit is liable to be dismissed.

(3.) Following issues were framed in the suit