SHRI DILAWAR HAZARIKA Vs. SHRI PARAMINDER SINGH

JUDGEMENT

(1.) (Oral)- This revision under section 115 Code of Civil Procedure by the plaintiff is against the judgment dated 15.2.88 passed by Sri P.K. Thakur, Assistant District Judge, Tinsukia in Title Appeal No. 8 of 1986 dismissing the suit by setting aside the decree dated 31.1.86 which was passed by Sri K.C. Gogoi, Munsiff No. 1, Tinsukia, in Title Suit No. 2 of 1981 for ejectment of defendant, for arrear rent and compensation.

(2.) The plaintiff is the owner of the suit house at Tinsukia. In this house, the defendant became a tenant under him from 1.8.78 on monthly rent of Rs. 240.00 according to English calendar month. The rent was payable in advance within the first week of current month. The defendant was not to make any construction without a consent from the plaintiff. On these terms, the tenancy was created from 1.8.78 by an unregistered document. The plaintiff refused to accept the rent for July, 1980 complaining that the defendant not only was irregular in payment but he also violated the agreement by constructing a new house on vacant part of the premises without his consent. Since then, the defendant remained without paying rent till Oct., 1980. On this allegation, the plaintiff brought a suit for ejectment of the defendant, for arrear rent and compensation.

(3.) The defendant Contested the suit. In written statement, he admitted his being a tenant; but denied that he was defaulter. His plea is that rent was not payable every month because in practise, the plaintiff used to collect the rent for 2/3 months at a time and as the plaintiff refused to accept the rent for July, 1980 he remitted a sum of Rs. 960.00 as rent @ Rs. 240.00 per month from July to Oct., 1980 by a Money Order which the plaintiff refused to receive. He, therefore, deposited the rent in Court for the month of July, 1980 and onwards. He also denied the construction on vacant land of then premises. Thus, he prayed for dismissing the suit.