CHAGAN LAL SARMA Vs. SAFIA AHMED

JUDGEMENT

(1.) HEARD Mr. P. Borthakur, learned counsel for the petitioner and Mr. M. Dutta, learned counsel appearing for the respondent.

(2.) THE facts in brief may be noted at the outset. Title Suit No. 119/94 was instituted by the present respondent as plaintiff seeking eviction of the revision petitioner, i. e. the defendant in the suit, from the suit premises on the ground that the defendant had defaulted in payment of rent from March, 1999 onwards.

(3.) THE defendant in the written statement filed did not dispute that the plaintiff was the landlord of the suit premises after the death of the original landlord, one Abu Naseer Khairul Alam. In the written statement filed, the defendant had clearly stated that he had paid rent to the plaintiff until Title Suit No. 77/90 was filed against the plaintiff claiming title to the suit property. As the title of the plaintiff to the suit premises became doubtful in view of Title Suit No. 70/90, the defendant thought it proper that he should withhold payment of the rent to the plaintiff-landlord.