BIKASH BARMAN Vs. BINA KAKOTY AND ORS.

JUDGEMENT

(1.) HEARD Mr. S.K. Medhi, the learned Counsel appearing for the petitioner (tenant). Also heard Mr. D. Das, the learned Senior Counsel appearing for the respondent (plaintiff).

(2.) THE Title Suit No. 71/2006 was filed to seek ejectment of the defendant on the ground of rent default and bona fide requirement. The claim for arrear rent was also made in the suit. In the W.S. filed by the defendant, he claimed to have paid the monthly rent of Rs. 300/ - upto the month of November, 2006 and his pleaded case was that when the rent for the month of December, 2006 was tendered to the plaintiff, on her visit to Tinsukia, the plaintiff refused to accept the same and accordingly the rent for December 2006 was dispatched through Money Order under Transaction No. 1 on 27.12.2006. Similarly the rent for the January 2007 was also dispatched by Money Order through Transaction No. 182. But the plaintiff refused to receive the rent and consequently 2 months' rent (Rs. 600/ -) was deposited in Court through the Misc. (Rent) Case No. 102/2007 (Exbt. -A) by the defendant. On the basis of the pleading of the parties, the learned Munsiff No. 1, Tinsukia framed the following issues:

(3.) IN support of her case, the plaintiff examined herself as PW -1 and tendered 8 documents in evidence; the defendant examined himself as DW -1 and also produced the Postal Department staff as his witness and tendered 15 documents in support of his pleaded case.