BHAGWAN PRASAD SAHU Vs. DIPAK BHAGAWATI

JUDGEMENT

(1.) This revision petition arise out of the judgment and decree dated 19.10.2001 passed by the learned Civil Judge (Sr. Division), Sibsagar in Title Appeal No. 6/98 upholding the judgment and order dated 30.07.98 passed by the learned Civil Judge (Jr. Division), Sibsagar in Title Suit No. 30/88 dismissing the plaintiff s suit.

(2.) I have heard Mr. G.N. Sahewalla, learned Senior counsel for the petitioner and Mr. C.K. Sarma Barua, learned Senior Counsel appearing for the respondent.

(3.) On 27.04.88, the plaintiff filed the Title Suit No. 30/88 in the Court of the Munsiff, Sibsagar praying for a decree for khas possession of the suit house ejecting the defendants, for arrear rent and future rent @ Rs. 150/- per month and for other reliefs. It is the pleaded case of the plaintiff that the plaintiff is the owner of the suit house measuring 25' x 55' ft situated at Sibsagar town fully described in the schedule of the plaint, which was let out to the defendant/respondents at a monthly rent of Rs. 150/- according to English Calendar month; that the defendant was irregular in payment of rent and paid the rent up to the month of December, 1987, and thus became defaulter. It was also pleaded that the plain- tiff, at the relevant time, was working as Havildar in the Defence Department and was posted at Pathankot, and that the suit house as necessary for construction of a new house for his own residential purpose and the plaintiff obtained necessary permission from the Sibsagar Municipal Board and also from the Town and Country Planning Department, that the defendant, in spite of repeated requests made by the plaintiff did not vacate the suit house and that the plaintiff would be retiring from service in the month of March, 1989 and as such the plaintiff require the suit house for reconstruction for his bona fide use and occupation immediately. It was also pleaded that the plaintiff not being a rich man, will not be able to complete the constitution in a year or two. The plaintiff with a view to reconstruction of his house, got evicted another tenant and started construction, but has not been able to complete the construction for not getting possession of the suit house. It is also stated that the defendant deposited rent for the month of January, February and March, 1988 in the Court on 07.04.88 @ Rs. 100/- per month, although, in fact the rent was fixed at Rs. 150/- per month. Although the defendant deposited the rent upto January, 1989 in the Court, the defendant again defaulted in depositing rent in the Court also. The plaintiff found that for the month of May, June, July, August, September, October, November and December, 1991 the rent was deposited in the Court on 21.07.93 and did not take any step for issuance of process as required under the law. Further case of the plaintiff is that in January, 1988 the defendant started making some changes and construction of the suit house without permission of the plaintiff and accordingly the plaintiff objected the same before the Sibsagar Development Authority on 04.02.88, who intervened in the matter. In the aforesaid premises, the plaintiff prayed for ejectment of the defendant from the suit house.