DAROGA PRASAD KANU Vs. MONORANJAN GHOSH

JUDGEMENT

(1.) Heard Mr. H.A. Sarkar, learned counsel for the petitioner and Mr. S. Dutta, learned counsel for the respondent.

(2.) This civil revision under Section 115 CPC is directed against the judgment and decree passed by the Civil Judge, (Senior Division), Dhubri in Title Appeal No. 16/1997, whereby a decree passed by the trial court in Title suit No. 140/90 was affirmed.

(3.) The facts of the present case in brief are that the plaintiff Sri Monoranjan Ghose was the owner of the suit premises, which was rented out to the petitioner/defendant. The plaintiff instituted the said Title Suit praying for eviction of the defendant on the ground of bonafide requirement, default of payment of rent and on the ground that the premises are required for reconstruction. The suit was contested by the defendant by filing a written statement denying the pleas raised by the plaintiff. The trial court framed as many as 9 issues out of which issue No. 5,6 and 7 are relevant issues. The other issues are not pressed before us and they are also not relevant to decide the matter. Issues No. 5,6 and 7 reads as follows : 5. Whether the defendant is a defaulter for non-payment of rent? 6. Whether the suit premises is bonafide required by the plaintiff? 7. Whether the suit house, become dilapidated and requires to be reconstructed?"