CHANDRIKA PRASAD BARUA Vs. LALBABU TEWARI

JUDGEMENT

(1.) These two civil revisions (Civil Revision No. 289 of 1986 and 290 of 1986) are directed against the common judgment and decree dated 21.7.86 passed by the Assistant District Judge, Jorhat dismissing the Title Appeal Nos. 37 of 1983 and 38 of 1983 affirming the judgment and decree dated 16.5.83 passed by the First Munsiff, Jorhat in Title Suit Nos. 61 of 1971 and 62 of 1971. Parties in these two revisions are same and the subject matters are also similar. Therefore, I propose to dispose of both the civil revisions by a common judgment.

(2.) Petitioner as plaintiff instituted a suit (Title Suit No. 61 of 1971) in the Court of Munsiff, Jorhat against the opposite party as defendant praying for a decree for eviction of the defendants from the suit premises (a chali house with CI Sheet roof included in Municipal Holding No. 323 (old) corresponding to new Municipal Holding No. 406 of Ward No. 1 of Jorhat Town) and for delivery of khas possession of the house to him. Similarly, he instituted Title Suit No. 62 of 1971 against the opposite party praying for recovery of the suit premises, namely, the front house included in the same Municipal Holding and also for recovery of arrear rent and compensation. The petitioner's case, inter alia, was that the opposite party took the suit premises described in schedule to the plaint of Title Suit No. 62 of 1971 by executing a registered deed of lease dated 29.1.62 as a monthly tenant on an arrangement to pay rent at the rate of Rs. 200.00 per month for a period of 10 years commencing from 1st of May, 1961. In the plaint the petitioner averred that after the expiry of the period of lease, the opposite party had no right to remain in occupation of the suit premises, and the tenancy so created was determined by afflux of time. The defendant was irregular in payment of rent and became a defaulter under the law. Besides, the petitioner required the suit premises for his own use and occupation. Similarly, in Title Suit No. 61 of 1971 the petitioner claimed that the suit premises described in the schedule to the plaint i.e. the chali house with CI sheet roof was let out to the opposite party and the opposite party occupied the said house as a monthly tenant on an arrangement to pay rent at the rate of Rs. 25.00 per month for a period of one year commencing from 1st of Sept., 1961. This chali house the subject matter of Title Suit No. 61 of 1971 is situated on the back side of the suit premises described in the schedule of plaint of Title Suit No. 62 of 1971. Both the suit premises were let out to the opposite party by separate arrangements. After expiry of the period of one year for which the said chali house was let out, the petitioner asked the opposite party to vacate the house, but he failed to do so. The petitioner also claimed that he required the suit premises (the chali house) along with the main house the subject matter of Title Suit No. 62 of 1971 for his own use and occupation. Accordingly, ho verbally asked the opposite party to vacate the house. But the opposite party did not comply with the request. Hence the petitioner filed the above two suits. The opposite party defendant contested the suit by filing written statements.

(3.) The trial Court dismissed both the suits. Against that the petitioner preferred appeals (Title Appeal Nos. 37 and 38 of 1983) in the Court of the Assistant District Judge, Jorhat. The Assistant District Judge also dismissed the appeals with cost. The petitioner claimed decree for eviction only on the ground of default in the said appeals. The ground of bona fide requirement was not pressed. Hence the present revisions.