BABULAL BAWRI Vs. OM PRAKASH SARMAH

JUDGEMENT

(1.) THIS Civil Revision is directed against the judgment and decree, dated 25.5.1988 of the learned Assistant District Judge, Dibrugarh in Title Appeal No. 18/86. By the said judgment and decree; the learned Assistant District Judged Dibrugarh upheld the judgment and decree of the learned Munsiff No. 2, Dibrugarh in Title Suit No. 17/84 dismissing the suit of the Plaintiff -Petitioner for ejectment and khas possession in respect of the suit premises against the Defendant -opposite party.

(2.) THE case of the Plaintiff -Petitioner in the said Title Suit No. 17/84 before the learned Munsiff No. 2, Dibrugarh was that the Plaintiff is the landlord and the Defendant is the tenant in respect of the suit premises, and in course of time the Defendant defaulted in payment of rent, the Plaintiff bona fide required the suit premises and the Defendant caused damage to suit premises. On the aforesaid grounds, the Plaintiff prayed for ejectment of the Defendants and khas possession, of the suit premises. By judgment and decree dated 2.4.86, the learned Munsiff No. 2, Dibrugarh found inter -alia that there was no default in the payment of rent by the Defendant and that the Plaintiff has not established a Case of bona fide requirement of the suit premises and no damage of suit premises has been caused by the Defendant and on the bails of the said findings dismissed the suit. Aggrieved by the said judgment and decree dated 2.4.86 of the learned Munsiff No. 2, Dibrugarh, the Petitioner filed Title Appeal No. 18/86 before the learned Assistant District Judge, Dibrugarh. But by the impugned judgment dated 25.5.88 the learned Assistant District Judge, Dibrugarh dismissed the said appeal.

(3.) MR . Sahewalla, learned Counsel on the other hand, took me through the judgment of the learned Munsiff No. 2, Dibrugurh to show that the Defendant had produced a note book marked as Ext -kha in which the Defendant had made entries that the rent for the months for September and October, 1981 have been paid at the of Rs. 25/ - on 7.5.1981 and 3.11.1981 respectively. These entries in the note book Ext -kha had also been corroborated by the Defendants himself in his examination by the court.