SUDHANGSU KANJAN PAUL Vs. MADHAV CHANDRA PAUL

JUDGEMENT

(1.) THIS revision petition arises out of the judgment and decree of the Assistant District Judge No. 1, Cachar dismissing the appeal filed by the petitioners and affirming the judgment and decree of the learned Sadar Munsiff No. 2, Silchar directing ejectment of the petitioners from the suit premises.

(2.) THE plaintiffs-opposite parties instituted a suit for ejectment of the defendants-petitioners from the suit premises and for realisation of arrears of rent for months of Bhadra and Aswin, 1388 B.S. The grounds on which eviction was sought for, were that the tenants were defaulters in payment of rent for the months of Bhadra and Aswain 1388 B.S; there was sub-letting of the suit premises in violation of the terms of the agreement and the house was required bonafide by the plaintiffs for their own use. The suit was contested by the defendants. Their case was that they had, in fact, paid the rent for Bhadra and Aswin though no receipt was granted for the same by the plaintiffs. They tried to rely on some entries in their books of account showing payment of the rent for the said two months. The allegation of sub-letting was denied. It was also denied that the house was bonafide required by the plaintiffs, on the ground that the plaintiff had their own shop house and premises apart from the suit house where they were already carrying on business besides having handsome rental income. In that view of the matter it was contended that the plea of bonafide requirement was not true and was a device to get decree for ejectment of the defendants.

(3.) ON appeal, the learned Assistant District Judge considered the entire fact and circumstances of the case afresh and affirmed the findings of the trial Court on all three counts. Accordingly the appeal was dismissed. Aggrieved by the concurrent findings of the both the Courts below the defendants-tenants have approached this Court by filing the present revision petition.