ASSAM APEX WEAVERS & ARTISANS COOPERATIVE FEDERATION LIMITED (ARTFED) & ORS Vs. ON DEATH OF SUBODH CH HAZARIKA HIS LEGAL HEIRS BANEE HAZARIKA & ORS

JUDGEMENT

(1.) This Revision Petition has been preferred against the concurrent judgment and decree dated 30.04.2008 passed by the Court of Additional District Judge (FTC) No.4, Guwahati in Title Appeal No.56/2006 affirming the judgment and decree passed by the Court of Civil Judge (Senior Division) No.1, Kamrup, Guwahati in Title Suit No.265/1993 thereby decreeing the suit filed by the predecessor of the respondents, Subodh Chandra Hazarika, as plaintiff for ejectment of the appellant and for recovery of arrear rent.

(2.) Heard Mr. J. Sharma, learned counsel for the petitioners. Also heard Mr. S. Ali, learned counsel appearing on behalf of the respondents.

(3.) The brief factual matrix of the case may be noticed as follows. The original plaintiff Subodh Chandra Hazarika was the absolute owner in possession in respect of a plot of land measuring 4 Katha 8 1/2 Lechas covered by dag Nos.1027, 1030 and 1035 of KP Patta No.437 of Sahar Guwahati, Block No.IV under Ulubari Mouza falling in Ward No.XXIII of the Gauhati Municipal Corporation. The plaintiff had constructed two storied RCC building with CI sheet roof and an Assam Type tin chali covered by Municipal Holding No.44(A) of Ward No.XXIII of Gauhati Municipal Corporation over a plot of land measuring 3 Katha 17 1/2 lechas, more fully described in the Schedule-A to the plaint by leaving aside a plot of land measuring 11 lechas as vacant on the southern side situated by the side of GNB Road, Guwahati. The defendant No.1 was inducted as a tenant under the plaintiff in respect of the premises described in Schedule-A to the plaint with effect from the month of July, 1961 on condition of paying rent on monthly basis as per the English calendar. Initially, the monthly rent was fixed at Rs.1600/- which was payable within the 7th day of the succeeding month against the written receipts. Subsequently, with effect from 01.10.1979 the rent was enhanced to Rs.2200/- per month as per mutual agreement between the parties. It is the case of the plaintiff that since the very inception of the tenancy, the defendant No.1 was irregular in payment of the monthly rent and despite repeated demands made by the plaintiff, the defendant No.1 has failed to pay the monthly rent in respect of the tenanted premises since the month of March, 1988 as a result of which the defendant No.1 has become a defaulter. It is also the case of the plaintiff that the tenanted premises being very old construction was in a dilapidated condition requiring re-construction of the same by the plaintiff. Being situated by the side of the GNB road, Guwahati, the plinth level of the said premises gets submerged by rain water during the rainy season since the adjoining road was at a much higher level as a result of which the tenanted premises gets damaged every year during the water logging requiring urgent reconstruction. The plaintiff's further case is that the suit premises were also bona fide required for his own use and occupation since his two grown up sons were intending to construct a multistoried building thereon so as to set up a supermarket, hotel and restaurant business with all modern amenities after carrying out new construction over the said land by demolishing the old structure.