MOTI KUMARI Vs. MD. HABIBUR RAHMAN

JUDGEMENT

(1.) Whether plaintiff being an assignee of a part of the tenanted premises could split the unity and integrity of a tenancy by issuing a notice under Sec. 11 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 in respect of his alleged part on the leasehold?

(2.) Whether a tenant is entitled to protection under Sec. 5(3) although he may not have succeeded in proving protection under Sec. 5(1) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955? 2. For the purpose of deciding the two substantial questions of law as above framed it is required that the facts of the case are taken into consideration. For the purpose of convenience the parties herein are referred to in the same status as they stand before the Trial Court.

(3.) One Hafijuddin Ahmed (since deceased) the father of the plaintiff was the owner and in possession of a plot of land measuring 1 Bigha 2 Kathas 5 Lechas comprised in K.P. Patta No.309 (old) of Sahar Ulubari, Mouza-Ulubari in the District-Kamrup (M) along with other lands in the said patta. Late Hafijuddin out of love and affection vide a registered Deed of Gift bearing Deed No.6758/72 dtd. 8/8/1972 gifted the said plot of land measuring 1 Bigha 2 Kathas 5 Lechas comprised in K.P. Patta No.309 (old) to the plaintiff and his brothers who duly accepted the gift. It may be relevant herein to mention that K.P. Patta No.309 (old) contains inter alia the following 4 (four) dags with the respective area which is the gifted land :