ANIL KUMAR SAHA Vs. ADHIR KUMAR DEB

JUDGEMENT

(1.) This revision petition under Section 115 read with Section 151 of the Code of Civil Procedure has been directed against the Judgment and Decree dated 5.9.95 passed by the Learned Assistant District Judge, Karimganj in Title Appeal No. 10/94. The Learned Munsiff, Karimganj dismissed Title Suit No. 81/1988 filed by the respondents for eviction of the revision petitioner from the suit premises. Learned Assistant District Judge by the aforesaid Judgment allowed the appeal, set aside the judgment and decree passed by the Learned Munsiff and decreed the suit far ejectment of the defendant with other consequential reliefs.

(2.) The respondent-plaintiff filed the suit alleging that the revision petitioner was a tenant in respect of the suit premises at a monthly rent of Rs.30/- initially and subsequently the rent was enhanced to Rs. 100/- per month payable according to Bengali Calendar Month. The petitioner-tenant failed to pay the rent for the month of Paush and Magh, 1394 B.S. and became defaulter. Notice was served on the petitioner-tenant, hereinafter referred to as the 'tenant', to deliver vacant possession of the suit premises on or before first day of Falguna, 1394 B.S. and to pay arrearrent of Rs.200/-. Besides bonafide necessity for opening a pharmacy by the nephew of the respondent-landlord, hereinafter referred to as 'landlord' was also taken.

(3.) The tenant denied the allegations made by the landlord and submitted that he has been canying on with his business of grinding mill of atta and spices and that he never violated any condition of the tenancy. On refusal by the landlord to accept the rent, he had deposited the same in the Court of the Rent Controller in R.D. Case No. 25 and 29 of 1988. The plea of 'bonafide necessity' and of 'default' in paying rent have also been denied by the tenant.