PROMODE BHAGAT Vs. SHIV SHANKAR PRASAD SHAH

JUDGEMENT

(1.) MR . T.C. Khatri, the learned Senior Counsel whose name is reflected in the cause list very outset submits that he has no instruction to appear in this Revision petition. However the respondent is represented by Mr. A.K. Gupta.

(2.) THE Title Suit 54/2004 was filed by the landlord Pasupati Shah for eviction of the petitioner (tenant) from a shop house measuring 5 ft. x 7 ft. by alleging that the tenant has failed to pay the rent since July 2004 and the shop house is required bona fide for the plaintiff's own business. As the W.S. was not filed within 90 days, the same was not accepted by the learned Munsiff No. 1, Tinsukia and the suit proceeded without the W.S. At that stage, the defendant filed a petition to call for some rent deposit cases but this prayer was rejected by the Trial Court on 28.4.2005. This decision was challenged by the aggrieved defendant through the WP(C) No. 4034/2005 and the High Court on 8.3.2006 allowed the writ petition by permitting the defendant to call for the rent deposit cases.

(3.) THE aggrieved tenant then filed the Title Appeal No. 4/2007 and the learned Civil Judge, Tinsukia through the impugned judgment of 16.8.2007 gave a concurrent finding of rent default by observing that the defendant failed to pay the whole amount of rent and also there was non -compliance of the procedure prescribed under Rent Act, while depositing the rent in Court. But the landlord's plea of bona fide requirement was not accepted by the Appellate Court on the ground that the plaintiff failed to prove that his need is pressing and genuine. Nevertheless on the ground of rent default, the Trial Court's ejectment verdict was upheld by the Appellate Court and accordingly the tenant's Title Appeal was dismissed by the impugned judgment dated 16.8.2007.