KHALILUR RAHMAN Vs. NABI HUSSAIN AND ORS.

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree of the Subordinate Judge's Court, Upper Assam Districts at Dibrugarh, reversing those of the Munsif's Court, Dibrugarh, decreeing the Title Suit No. 5 of 1960 in favour of the Plaintiff.

(2.) THE suit, out of which this appeal has arisen, had been brought by the Plaintiff, Appellant herein, for ejectment of the Defendants on the ground that the first Defendant was his ant of the suit house and site, on a rent of Rs. 10/ - per month and that in spite of notice of demand asked him to vacate the premises, the first Defendant as well as the other defends, who claimed through him, failed to vacate. It may thus be seen that the suit is simpliciter a suit for ejectment by a landlord of his tenant, and in addition for arrears of rent due under the tenancy together with some compensation for use and occupation of the premises. Hence the only point that requires to be considered on the allegation in the plaint the whether the first Defendant is a tenant of the Plaintiff of the suit premises.

(3.) THE learned Munsif framed a number issues, some of which do not at all arise on the pleadings, for example, the issue relating to ownership of the suit premises, an issue which is totally irrelevant in a suit by a landlord for ejecting his tenant based on tenancy. On Issue No. 4, which is the main issue arising in the case, as to whether there was any relationship of landlord and tenant between the Plaintiff and the first Defendant, the learned Munsif found that the first Defendant was a tenant of the Plaintiff, the former having taken the suit premises from the Plaintiff on a monthly rent of Rs. 10/ -. He also found that a sum of Rs. 360/ - was due to the Plaintiff from the first Defendant towards the arrears of rent and that in addition he allowed a compensation of Rs. 2/ - to the Plaintiff for use and occupation for the period subsequent to the ejectment notice. He accordingly decreed the suit against all the Defendants directing their ejectment from the suit premises and also decreed the claim for rent and compensation to the extent of Rs. 362/ -.