PRESIDENT 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.) THE facts of the case in a nutshell is that - the petitioners -plaintiffs are the President and Secretary of North Lakhimpur Wholesale Consumers' Co -operative Society Ltd (herein after referred as 'society') and they filed the title suit on behalf of the society on being authorized by the Board of Directors Resolution of the society. The petitioners -plaintiffs had let out an RCC room to the respondent -defendant on monthly rental basis and its premises is 17.82 ft (Average) in length and 28.5 ft (Average) in breadth, that is a total area of 508 sq. Ft. and it exists in the eastern part of Dag No.1994 of Part -I of North Lakhimpur Town within Lakhimpur Mouza. The respondent -defendant entered into an agreement with the petitioners -plaintiffs to run his business in the name and style as M/s Manish Enterprise Ltd. w.e.f. 01 -07 -2002 and to initially pay rent @ 2,500/ - p.m. and the plaintiff received and acknowledged a sum of Rs. 80,000/ - as advance and Rs.20,000/ - as security for the said tenancy from the respondent -defendant but subsequently the respondent -defendant became very irregular in paying monthly rent. The advance money acknowledged by the petitioners -plaintiffs had also already been adjusted and the petitioners -plaintiffs are ready to refund the security money to the respondent -defendant and he became defaulter. The suit premises also required for bonafide requirement for extension of business of petitioners.