KAILASH SINGH Vs. HIRALAL DEY

JUDGEMENT

(1.) THIS revision petition under Section 115 read with Section 151 CPC is by the tenant against the judgment and decree dated 9.12.1986 of the first appellant court viz Asstt. District Judge, Tezpur in Title Appeal No. 14 of 1983 dismissing the appeal by the present petitioner and upholding the decree for ejectment passed by the learned Munsiff No. 2 Tezpur in Title Suit No. 9 of 1980.

(2.) THERE is no dispute that the present petitioner-defendant was a monthly tenant in respect of the suit premises at a monthly rent of Rs. 50/- plus Rs. 5/- per month as electric charges and the tenancy was according to English Calendar month. Plaintiff has alleged that the monthly rent of Rs. 55/- was payable on the 1st day of each following month according to English Calendar month. Plaintiff started a shop in the suit premises. According to plaintiff after April, 1979, the defendant did not pay any rent and became a defaulter. It has also been pleaded that the suit room is required by the plaintiff for his own use and occupation. Thereafter a notice of ejectment dated 27.12.1979 was issued by the plaintiff on the defendant asking him to quit and vacate with effect from 1.2.1980. The claim for arrears of rent due till the month of January, 1980 was put forward in the notice and the relationship of the landlord and tenant with effect from 1.2.80 was terminated. As the suit premises was not vacated the present suit was filed praying for a decree for ejectment of the defendant and also for recovery of rents amounting to Rs. 450/- from May, 1979 to January, 1980. Plaintiff has also claimed Rs. 100/- as mesne profits from 1.2.1980 to 20.2.80 and future mesne profit @ Rs. 5/- per day.

(3.) THE learned trial court on pleadings framed the following issues viz :-