SMT. SURUJI UPADHYA Vs. GOSTHA BEHARI DAS

JUDGEMENT

(1.) IN this second appeal the plaintiff Suruji Upadhya challenges the correctness and validity of the concurrent decrees of dismissal of her suit for khas possession of the land described in the schedule appended to the plaint passed by the Munsiff at Karimganj and the Assistant District Judge, Silchar.

(2.) ACCORDING to the allegations made by the plaintiff her husband Tribhuban Upadhaya had purchased the land in dispute from the defendant Gostha Behari Das by a registered deed dated 7 -12 -58 and had let out the land to the vendor in his capacity as non -occupancy tenant on the same date against the payment of 20 maunds of paddy per annum. The defendant having made a default in the payment of the rent. Tribhuban Upadhaya filed the Rent Suit No. 15 of 1962 against the defendant and that suit ended in a decree based on compromise. On the death of Tribhuban Upadhaya. his estate, the plaintiff pleaded. was exclusively inherited by her, as she required the demised land for her own use after the death of her husband and since the period of lease mentioned in the Kabuliyat Ext. 1 had expired, she filed the suit culminating in this appeal on 6 -6 -67 for khas possession of the land on eviction of the defendant on whom she had previously served a notice calling upon him to vacate the land by 13 -4 -67.

(3.) THE trial Court settled the following issues between the parties: - -