BIPUL CHANDRA PAUL Vs. SANDHYASAHA

JUDGEMENT

(1.) This revision petition is filed by the defendant tenant as petitioner assailing the judgment and decree passed by the learned Civil Judge (Senior Division), Bongaigaon in Title Appeal No. 14/2001 dismissing the appeal and upholding the judgment and decree dated 5.7.2001 passed by the learned Civil Judge (Junior Division), Bongaigaon in Title Suit No. 5/1998 passed against him decreeing the suit for ejectment from the suit house and also for arrear of house rent amounting to Rs. 4656/-.

(2.) Adverting to the facts of the present case it is stated that the respondent landlord as plaintiff filed the Title Suit No. 5/98 for ejectment of the defendant on the ground of defaulter and bonafide requirement in respect of the suit premises as appended to the plaint. Along with the present suit another suit being Title Suit No. 12/97 was also tried and this suit was filed by the defendant tenant praying for injunction restraining the plaintiff landlord from dispossessing the defendant tenant without following due procedure of law. Both the suits were tried together and the learned Civil Judge (Senior Division) partly decreed TS No. 5/98 filed the respondent landlord and vide common judgement and decree dated 5.9.2001 disposed both the suits and held that the plaintiff is entitled to the possession of the suit house, described in the schedule of the plaint, by evicting the defendant and the prayer for decree of arrear of rent amounting to Rs. 4,056/- with future house rent alongwith electric consumption from January, 1998 was also allowed. This judgment and decree was challenged by the petitioner tenant in Title Appeal No. 14/2001 filed before the learned Civil Judge (Senior Division), Bongaigaon who vide judgment and decree dated 5.7.2001 dismissed the appeal and affirmed the judgment and dcree passed by the learned trial court.

(3.) I have heard Mr CK Sarma Baruah, learned senior counsel for the petitioner and Mr. B K Goswami, learned senior counsel for the respondent.