SIVAJI SAHA Vs. SHAH MD FARID

JUDGEMENT

(1.) HEARD Mr. S.P. Roy, the learned Counsel appearing for the petitioner (tenant). Also heard Mr. P.S. Deka, the learned Counsel representing the respondents (landlords).

(2.) THE Title Suit 184/2001 was filed for ejectment of the tenant from the commercial premises measuring 23 ft. x 8 ft. in the Paltanbazar area of Guwahati. In the plaint, the landlord pleaded bona fide requirement and default of rent from October 2000 and accordingly ejectment and arrear house rent was claimed from the tenants. In the W.S., the defendant claimed that he tendered monthly rent of Rs.3000/ - by cheque(s) from October 2000 to March 2001 and thereafter when the rent was refused, due rent were deposited in the Court w.e.f April 2001.

(3.) ON the basis of the pleadings, the learned Trial Judge framed the following five Issues :