DINDAYALAGARWAL Vs. RAMESH DHOLANI AND ORS.

JUDGEMENT

(1.) The judgment and decree passed by the learned Civil Judge No. 2, Kamrup, in Title Appeal No. 59 of 2012 arising out of judgment and decree dated 27.03.2012 passed by the learned Munsiff No. 3 in Title Suit No. 21 of 1982 has been challenged in this revision petition. I have heard Mr. B.K. Das, learned Senior Counsel assisted by Mr. G. Jalan, learned counsel for the petitioner and also heard Mr. OP Bhati, learned senior counsel assisted by Mr. J. Bhati, learned counsel appearing on behalf of the respondents/defendants.

(2.) The appellant as plaintiff filed the Title Suit No. 21 of 1982 praying for decree of eviction as well as for recovery of arrear of rent as well as for compensation. The plaintiff's case, in brief, is that Late Rukmini Devi Jalan was the owner and proprietor of the house and premises known as 'Jalan House'. She let out the suit premises mentioned in Schedule -A of the Plaint to Late Shankardas Dholani for one year i.e. from 01.07.1958 to 30.06.1959 at a monthly rent of Rs. 265/ - per month on written agreement entered upon between the parties.

(3.) Even after expiry of one year, Rukmini Devi herself allowed Late Shankardas Dholani to occupy the premises as holding over tenant at 'will' and the rent was payable within 1st Week of each calendar month. There was condition stipulated that in case of default, the plaintiff can re -enter with one month's notice. Late Rukmini Devi Jalan used to collect the rent herself by issuing receipt and Late Shankardas Dholani used to put his signature on the back of counterfoil of the receipt. The further case of the plaintiff is that Late Shankardas Dholani became a defaulter since January, 1976 and the suit premises is required bona fide by the plaintiff for use and occupation of her grandson, Dindayal Agarwal @ Jalan.