RAMESWAR CHAUDHURY Vs. RAM NIRANJAN MOUR

JUDGEMENT

(1.) This revision petition is by the defendant who lost in both the Courts below.

(2.) The opposite party herein as plaintiff filed a suit against the present petitioner for ejectment from the suit premises on the grounds that the suit house is required for bonafide use and occupation by the plaintiff; that the petitioner-defendant has violated the terms of the tenancy by making addition/alteration of the suit premises; and that the petitioner-defendant is defaulter in respect of rent from the month of Dec., 1981. It is not disputed that the tenancy was a monthly tenancy, rent being payable in the first week of the month.

(3.) The learned trial court framed as many as seven issues and held that the suit premises is required for bonafide use and occupation by the plaintiff; that the defendant could not prove that under the terms of the lease the suit premises could be altered and, accordingly, held that principle of estoppel, waiver and acquiescence is not attracted and that the defendant is a defaulter.