RAJA RAM SONI Vs. KRISHNA PRASAD SINGH

JUDGEMENT

(1.) THIS second appeal by the defendant is directed against a decree for eviction and arrear of rent and compensation passed by the Assistant District Judge, Jorhat, in Title Appeal No. 25 of 1970. The plaintiff's suit was for ejectment of defendant from holding No. 149 comprising two rooms in the Sibsagar Municipality and also for arrear of rent of Rs. 114/-for September and October, 1968.

(2.) THE defendant, has filed a written statement and contested the suit. He pleads that he is a monthly tenant of the plaintiff in respect of the said holding at a monthly rent of Rs. 57/-. His defence is that as the plaintiff does not require the house bona fide, he is protected from eviction under the provisions of the Assam Urban Areas Rent Control Act.

(3.) ONLY two points have been urged before me by learned counsel for the appellant. His first contention is that the notice of eviction (Ext. 7) is not valid in law and he draws my attention to the last para of the notice which is as follows :