LAWS(GAU)-2005-8-2

UMADUTT JHUNJHUNWALA Vs. SURAJ KR LONGAM

Decided On August 08, 2005
SHILLONG BENCH UMADUTT JHUNJHUNWALA Appellant
V/S
SURAJ KR. LONGANI Respondents

JUDGEMENT

(1.) This revision application is directed against the judgment and order dated 13.11.2000 passed by the Appellate Court, i.e. the learned District Judge, Shillong reversing the judgment and decree dated 24.07.1998 passed by the learned Munsiff decreeing the suit in question in favour of the plaintiff who is the appellant in this appeal. The plaintiff/appellant filed Title Suit No. 9(SH)/88 for ejectment of the defendant/respondent from the suit premises and for delivery of the vacant possession of the suit premises to the plaintiff by evicting the defendant, his family members, employees, workmen and all others found living in the suit premises with the defendant.

(2.) As per the statement made in the plaint, the plaintiff-appellant is the owner of holding No. 34 at Police Bazar, Shillong and the defendant/respondent has been in occupation of the first floor of the two storied building within the same holding as monthly tenant of the plaintiff at a rental of Rs. 500/- per month payable in advance within the first week of each current month.

(3.) The defendant entered into a tenancy agreement with the plaintiff on 16.12.1972 for a period of ten (10) years from 01.01.1973 subject to the renewal for another term of 10 years on expiry of the original lease on 31.12.1983. The defendant told the plaintiff that he was not interested in renewal of the tenancy and requested the plaintiff to allow him six (6) months time only for shifting to another place. On such a request, the plaintiff allowed the defendant to stay in the suit premises for a period of six (6) months. However, even after expiry of six (6) months, the defendant did not vacate the suit premises and he continued to occupy the same on some pretext without renewing the tenancy. According to the plaintiff, the defendant has been occupying the suit premises without any valid tenancy agreement.