TUSHAR KANTI DEY Vs. SULATA CHOUDHURY

JUDGEMENT

(1.) I have heard Mr A.R. Banerjee, learned senior counsel assisted by Ms. B. Choudhury, learned counsel appearing for the petitioner. None appears for the respondents/opposite parties.

(2.) This revision petition is directed against the judgment and order dated 30/3/1996 passed by the learned Assistant District Judge, Dhubri in Title Appeal No. 23 of 1994 dismissing the appeal and thereby affirming the judgment dated 8/8/1994 passed by the learned Munsiff No. 2, Dhubri in Title Suit No. 55 of 1986 by which the suit for eviction of the petitioner-defendant was decreed directing the defendant/petitioner to vacate the suit premises within a period of one month from the date of decree and thereafter the plaintiff/respondent to take Khas possession of the suit house.

(3.) The moot question involved in this revision petition is whether the defendant/tenant is liable to be rejected without deciding as to when the rent becomes due for payment.