ABDUL SAHID Vs. CHINA LEE HING

JUDGEMENT

(1.) THIS second appeal is from the judgment and decree of the learned Subordinate Judge, Upper Assam Districts, dated 15 -3 -49, by which he set aside the judgment and decree of the trial Court, dated 9 -8 -48, which had decreed the plaintiff's suit with costs.

(2.) THE plaintiff brought a suit to eject the defendant by evicting him from the demised premises and for recovery of a sum of Rs. 180 on account of arrear of rent at the rate of Rs. 12 P.M. It was the plaintiff's case that the defendant was irregular in the payment of rent and did not pay any rent from 1 -5 -46; he served a notice of ejectment upon the defdt. on 14 -8 -46, on the defdt's failure to comply with the notice, he brought the present suit.

(3.) UPON the pleadings, the trial Court framed the following issues: