HALADHAR TALUKADAR Vs. LAKSHI PATOWARI

JUDGEMENT

(1.) By this Revision petition the petitioner tenant has challenged the legality and validity of the judgment and order dated 11.7.03 passed by the learned Ad-hoc Additional District Judge, Karnrup, Guwahati in title appeal No. 4 of 2001 dismissing the appeal of the petitioner upholding the Judgment and order dated 17.7.01 passed by the learned Civil Judge, Sr. Division No. 3 Guwahati in title suit No. 184 of 1999 decreeing the suit of the respondent for ejectment and recovery of compensation.

(2.) The facts relevant for disposal of this revision petition is that the landlord Respondents filed title suit No. 184 of 1999 in the court of learned Civil Judge, Sr. Division No. 3 Guwahati against the petitioner impleading them as Defendants praying for delivery of khas possession of the suit premises on ejectment of the petitioner, his servant, his employees etc. for decree of Rs. 28,000/- on account of arrear rents and other reliefs. The suit premises as mentioned in the plaint is a part of an Assam type house consisting of 3 rooms, which is described in the Schedule B of the plaint.

(3.) The case of the plaintiff, as pleaded in the plaint, is inter-alia that late Bhagwan Patowari, Predecessor in interest of the Opposite party plaintiffs was the owner in respect of an Assam Type house consisting of 5 rooms standing upon a plot of land measuring 1K 1 L and the defendant petitioner was a monthly tenant under late Bhagwan Patowari in respect of 3 rooms paying Rs. 500/- as monthly rent, which was subsequently enhanced to Rs. 800/- per month with effect from April 1989; the rent of each month was payable in the 1st week of subsequent month, that the petitioner tenant paid the rent till the month of December, 1989 but did not pay any rent since January, 1990 and the defendants have denied the title of late Bhagwan Patowari and on the death of their father the plaintiffs have inherited the suit property and became the owner thereof. That the petitioner tenant illegally mutated their names in the municipal record, that the plaintiff bonafide require the suit premises for their own use and occupation, that the tenant petitioner defendant is also liable to pay arrear rents amounting to Rs.28,000/-.