HARMUJ ALI PRAMANIK Vs. SAF1UDDIN SARKAR

JUDGEMENT

(1.) Order dated 8.10.02 passed in T. Ex. 12 of 1999 (out of decree in TS 10/84) has been assailed by Md. Harmuj Ali Pramanik TS No.10/84 was instituted by Md. Saifuddin Sarkar and another as plaintiffs against Md. Harmuj Ali Pramanik and TS No. 167/97 was filed by Md. Harmuj Ali Pramanik as plaintiff against Md. Saifuddin Sarkar and 4 others including State of Assam and Settlement office, Dhubri, as the proforma-defendants No. 4 and 5.

(2.) Before entering into the discussions about any illegality or errors in the impugned order, a brief narration of facts giving the back ground will be essential to understand the disputes and related matters in controversy clearly.

(3.) The petitioners Md. Saifuddin Sarkar and another as back as in the year 1980 instituted title suit No. T.S. 35/80 for eviction of Harmuj Ali Pramanik from land measuring 1 (one) bigha appearing to dag No. 13, Khatian No. 58 situated at village Manipur part-I under Bagribari Circle, District Goalpara and the houses standing thereupon, claiming ownership. The Suit (TS No. 35/80) was dismissed on technical ground of want of service of valid notice u/s. 106 of T.P. Act. and hence they filed a second suit, registered as TS No. 10/84 for the same purpose pleading, inter alia, that he alongwith the plaintiff No. 2 were owners of aforesaid land and houses thereupon described in the schedule appended to the plaint and the houses thereupon were let out to the defendant Harmuj at monthly rent of Rs.50/- for a period of one year w.e.f 1/7/78 expiring by 30/06/1979. That defendant neither paid rents nor vacated the house inspite of notice terminating the tenancy and accordingly prayed for a decree of ejectment and recovery of khas possession, reserving their further rights to claim compensations for use and occupation and arrears of rents due etc.