SWAPAN DAS Vs. PRADIP KR. PAUL AND ORS.

JUDGEMENT

(1.) HEARD Mr. U. Dutta, the learned counsel appearing for the petitioner, who was the defendant No. 1 in the ejectment case i.e. Title Suit No. 170/2003 filed by the respondents (landlords). Also heard Mr. B.R. Dey, the learned Sr. counsel appearing for the Decree Holders (plaintiffs).

(2.) THE landlords filed the Title Suit No. 170/2003 under the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as the "Rent Act") for ejectment of the defendants by pleading that the rent was unpaid from the month of Kartik, 1406 B.S. The plea of sub -letting the tenanted premises by the defendant No. 1 Swapan Das (original tenant) to the defendant No. 2 Narayan Choudhury was also alleged by the plaintiffs. The defendants in their WS on the other hand claimed that they are not defaulter of rent. Moreover, the defendant No. 1 denied that he has his own vegetable business in his shop room at Chantar Bazar. It was further denied that the defendant No. 1 has sublet the suit holding to defendant No. 2. On the other hand, the defendant No. 2 claimed to be an employee of the defendant No. 1 entrusted to look after the business of defendant No. 1 in the suit premises. On the basis of the above pleadings, the learned Civil Judge (Jr. Division) No. 2, Karimganj, framed the following 4(four) issues: -

(3.) WHETHER the defendant No. 1 sublet the suit holding to defendant No. 2 -