SANAT RANJAN BARUAH Vs. SWAPAN DEY AND ORS.

JUDGEMENT

(1.) HEARD Ms. P. Chakraborty, the learned Counsel appearing for the petitioner (plaintiff). Also heard Mr. B.C. Talukdar, the learned Counsel appearing for the respondents (defendants).

(2.) THE Title Suit No. 17/2007 was filed under the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as "the Rent Act") for ejectment of the defendants and recovery of arrear rent. In their Written Statement (W.S.), the defendants denied that they are tenants under the plaintiff and in fact claimed to be in occupation of the suit property as permissible occupier of the land owner Jyotsna Rani Dey. As the plaintiff tried to establish the landlord tenant relationship on the basis of an agreement dated 15.6.1974, the defendants made a counter claim for declaring the said agreement to be fraudulent, void and not binding on the defendants in respect of the Holding No. 41, Ward No. 6 under Rangia Municipality. After pleadings were exchanged, the learned Munsiff, Rangia framed five issues for the suit and 4 additional issues for the counter claim. For ready reference, they are extracted hereinbelow:

(3.) WHETHER the plaintiff is in bonafide requirement of the suit premises?