RABI BISWAS Vs. PRAMILA DAS AND ORS.

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 04.09.2008 passed by the learned Civil Judge, Morigaon, in Title Appeal No. 3 of 2008 dismissing the appeal of the defendant and upholding the judgment and decree dated 28.05.2008 passed by the learned Munsiff No. 1, Morigaon, Assam, in Title Suit No. 21 of 2005.

(2.) THE case set out in the plaint, in short, is that Annual Patta was issued in Dag No. 11, being Annual Patta No. 89 in favour of predecessor -in -interest of the plaintiffs, namely, Lalit Chandra Das, in respect of 4 Kathas of land. Lalit Chandra Das died in the year 1998 in an accident leaving behind the plaintiff No. 1 and his son, Brajen Das. Brajen Das also died in the year 2002 leaving behind his wife, Smt. Anjana Das, and three minor children. Anjana Das is plaintiff No. 2 and the minor children are the plaintiff Nos. 3 to 5, represented by their mother. The 4 Kathas of land referred to in Schedule -A was bounded by walls on all sides by Lalit Chandra Das during his lifetime. The Annual Patta was converted to Periodic Patta in the year 2004. The plaintiffs had constructed 7 Nos. of rental houses in the said 4 Kathas of land and, in the month of January, 2005, each rental house was let out to the principal defendant and 6 proforma defendants at the rent of Rs. 200/ - each per month. While all the proforma defendants were paying rent regularly, the principal defendant did not pay the monthly rent despite repeated verbal demands. On 06.08.2005, the plaintiffs sent one of their tenants, namely, Indrajit Biswas, to ask the principal defendant to pay the monthly rent to the plaintiffs. At this, he was assaulted with sharp weapon resulting in a police case under Section 447/326/34 IPC. The principal defendant, besides denying right, title and interest of the plaintiffs, also threatened the plaintiffs. In such circumstances, the plaintiffs filed a suit for declaration of right, title and interest in respect of 10 Lechas of land out of 4 Kathas in Dag No. 11 of Periodic Patta No. 15 of Raina Pathar Kisham of Mouza - Niz Tetelia, and for recovery of khas possession of the A -Schedule land and for ejectment of the defendant from the rented house, etc.

(3.) SEVEN issues came to be framed by the learned trial Court on the basis of pleadings of the parties. Out of the said issues, Issue Nos. 3, 4, 5, 6 and 7 are relevant for the purpose of this appeal. They are as follows: (3) Whether the defendant is a tenant of the plaintiff under the Assam Urban Areas Rent Control Act, 1971? (4) Whether the defendant has defaulted in payment of monthly rent since January and, therefore, liable to the ejected from suit premises? (5) Whether on 14.03.1994, the principal defendant purchased the suit land from Lalit Chandra Das by executing a Hand -note for consideration of Rs. 20,000/ -? (6) Whether the plaintiff has right, title and interest over the (A) Schedule land? (7) Whether the defendant has possessory right over the land mentioned in Schedule -1 of the counter -claim petition?