PRAVEEN AGARWAL Vs. RAUSHAN JABIN ANSARI

JUDGEMENT

(1.) Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. I. Hussain, learned counsel for the respondent.

(2.) This revision under section 115 CPC is directed against the first appellate judgment and decree dated 29.05.2019, passed by the Court of learned Civil Judge, Sonitpur, Tezpur in Title Appeal No. 9/2019, thereby dismissing the appeal and affirming the judgment and decree passed by the Court of learned Munsiff No.2, Sonitpur, Tezpur in T.S. No. 12/2012. The respondent is the landlady of the petitioner and she had instituted the suit for ejectment of the petitioner and for realization of arrear rent.

(3.) The case of the respondent- plaintiff in the suit was that the appellant was a monthly tenant under Tarek Akhtar Ansari, her brother, in respect of a room described in the schedule of the plaint from where he is carrying out business under the name and style of M/s. Super Tyres Services, for which the petitioner was required to pay monthly rent at the rate of Rs.1,400/- per month, payable on 7th day of each and every English calendar month. By virtue of family arrangement dated 14.07.2010, amongst the heirs of Late Ghulam Samdani Ansari, the suit room fell in the share of the respondent. It was projected that the petitioner and her brother, i.e. Tarek Akhtar Ansari verbally informed the petitioner of such fact and the petitioner was requested to attorn his tenancy under the respondent and to pay monthly rent to the respondent from the month of July, 2010 and that such verbal request was followed by a written notice dated 12.08.2010 sent by registered post. The erstwhile landlord not only informed the petitioner in writing that he was ready and willing to refund the security amount of Rs.14,000/-, but 2 (two) bank drafts for a total sum of Rs.14,000/- was also forwarded to the petitioner along with letter dated 15.10.2011. However, the petitioner did not offer monthly rent to the respondent. It was projected that on receipt of notice in Misc. Case No. 483/2011 from the Court of Munsiff No.1, Sonitpur, Tezpur, the respondent came to know that a sum of Rs.23,800/- was deposited by the petitioner towards monthly rent for the months of July, 2010 to November, 2011 at the rate of Rs.1,400/- per month in the name of the respondent. Accordingly, the suit was filed by the respondent.