MADHARAM THAKURSIDAS Vs. M/S. POKARMAL AGARWALLA

JUDGEMENT

(1.) This revision petition is directed against the judgment and decree dated 20.2.88 passed by the learned District Judge, Sibsagar in Title Appeal No. 38 of 1985.

(2.) Plaintiff-petitioner instituted Title Suit No. 24 of 1974 in the Court of the Munsiff, Sibsagar for ejectment of the defendant-opposite party, who was inducted as tenant in respect of the suit premises on the ground of bona fide requirements, namely, the suit house requires reconstruction and/or thorough repair and also that the plaintiff bona fide requires the suit premises for his own use and occupation. Admittedly, the defendant-opposite party is the tenant of the suit premises and the plaintiff is the landlord and the tenancy is governed by the provisions of the Assam Urban Areas Rent Control Act, 1972.

(3.) The defendant-opposite party contested the suit by filing written statement, denying the allegations made in the plaint. In the course of hearing, the learned trial Court issued a Commission appointing the SDO, PW D to submit report about the condition of the suit premises after spot verification. The SDO submitted report after spot verification. No objection was made against the report and the same was accepted by the learned trial Court. As per the report, the house was old and needed immediate reconstruction. As per the report of the SDO most of the timber posts of the suit house had been eaten at the junction of the ground level keeping no link with its footing and the house was not at all safe for habitation.