KUSUM LATA KALA Vs. KUMARI PARUL SAHA

JUDGEMENT

(1.) This revision petition has been filed against the judgment and decree dated 7.8.2001 passed by learned Civil Judge (Sr. Divn.), Dhubri in T.A. No. 60/2000 setting aside the judgment and decree dated 11.9.2000 passed by learned Civil Judge (Jr. Divn.), Dhubri in T..S. Case No. 68/1998 by which the petitioner's suit for eviction of the respondent from the suit premises on the ground of defaulter and bonafide requirement was decreed in favour of the petitioner.

(2.) Heard Mr. D. Baruah, learned counsel far the petitioner. Also heard Mr. N. M. Lahiri, learned Senior counsel for the respondent.

(3.) The brief facts, relevant for the present adjudication, as disclosed in the pleadings of the contesting parties, may be recited as follows : The suit premises, consisting of a plot of land covered by Dag No. 206 (new) Patta No. 225 (New) including Assam Type house with two rooms, one Puja room an one latrine and bathroom situated at Dhubri, was purchased by the plaintiff/petitioner from one Binendra Nath Karmakar by executing two registered sale deeds being Nos. 1029 and 1031 of 1997, Prior to execution of the aforesaid sale, the respondent was the tenant of the vendor, Birendra Kumar Karmakar and when the petitioner became the lawful owner of the suit premises, earlier tenancy of the respondent with Birendra Kumar Nath was revoked and both the petitioner and the respondent mutually agreed to continue tenancy with effect from 15.5.97 fixing a monthly rent of Rs. 501/- per month. But the respondent become a habitual defaulter in payment of rent since the date of agreement On the other hand, the suit premises being in a dilapidated condition and having been required for reconstruction, the petitioner approached the Municipal authority far granting the necessary permission for demolition of the suit premises and reconstruction of the same. In the meantime the petitioner requested the respondent to vacate the suit premises but such request was never attended to.