PRESIDENT AND ORS. Vs. BABUL DUTTA

JUDGEMENT

(1.) HEARD Mr. K.K. Mahanta, learned Senior Counsel assisted by Mr. K. Konwar, learned counsel for the petitioners. Also heard Ms. K. Devi, learned counsel appearing for the respondent.

(2.) THIS is a revision under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 against the judgment and decree dated 20.03.2014 and 27.03.2014 passed by the learned Civil Judge (Sr. Division), Lakhimpur in T.A. No. 7/2013 arising out of judgment and decree dated 01.11.2013 and 05.11.2013 respectively passed by the learned Court of Munsiff No. 1, Lakhimpur in T.S. No. 15/2011, whereby the learned Appellate Court set aside the judgment and decree so passed by the learned Munsiff No. 1, North Lakhimpur by which the respondent -defendant by holding defaulter was directed to vacate the suit room and premises immediately after paying arrear rent to the petitioners -plaintiffs accrued till the date of vacating the room and to restore the khas possession of the petitioners -plaintiffs over the rented room and premises mentioned in the schedule to the plaint by evicting the respondent -defendant therefrom with a further direction to the petitioners -plaintiffs to return the security money of the respondent -defendant -respondent.

(3.) RENEWAL of last agreement for tenancy was entered on 01 -11 -2009 but since then no renewal of tenancy was entered. Even the petitioners -plaintiffs had informed the respondent -defendant to make a fresh agreement but the respondent -defendant did not turn up and therefore no agreement could be made. The petitioners -plaintiffs had sent a letter to the respondent -defendant to quit possession of the room on 14.12.2010. On receipt of the letter, the respondent -defendant requested to renew the agreement on 27.12.2010 with a prayer to extend the tenure of tenancy. After receipt of the reply, on 05.01.2011 the petitioners -plaintiffs asked the respondent -defendant to vacate the room and premises within 15 days from the date of receipt of the letter of the petitioners -plaintiffs. Then the respondent -defendant on receipt of the second letter again insisted the petitioners -plaintiffs to extend the tenancy period but the Board of Directors of the Society had already taken decision to get the suit room and premises vacated. When the respondent -defendant refused to vacate it, the petitioners -plaintiffs had to move the Court and the hence the petitioners -plaintiffs have filed the title suit against the respondent -defendant.