SARAT CH GOGOI Vs. ANJU DOLAKASHARIA

JUDGEMENT

(1.) HEARD Mr. A. Barkataki, the learned counsel appearing for the petitioner (plaintiff). Also heard Mr. HK Baishya, the learned counsel appearing for the respondents who are the legal heirs of original defendant No.1, Dilip Dolakasharia.

(2.) THE T.S. No.48/2007 was filed by the petitioner for eviction of the predecessor of the respondents on the ground of rent default, sub -letting the property to the defendant No.2 Deepak Saikia and bonafide requirement. The plaintiff pleaded that he is the owner of the Assam Type house on land at Block No.14 of Jorhat Town and he claimed that the defendant was a monthly tenant of the house for which rent of Rs.1750/ - P.M. is payable to the landlord. Since the rent from December, 2001 onwards wasn't paid, the defendant No.1 became a defaulter and the tenancy was then terminated w.e.f. 31.10.2002, through Advocate's notice dated 30.9.2002 (Exhbt.3). With these pleadings the suit was filed for ejectment of the defendant and for arrear rent.

(3.) THE 2nd defendant did not contest the case and the stand of the 1st defendant in his W.S. is that the plaintiff is not the owner of the suit premises and that the defendant No.1 is not a tenant under the plaintiff. The defendant claimed to be a permissive occupier as caretaker, under Smti Bidyawati Gogoi (mother of the plaintiff). The possibility of the property being purchased eventually by the 1st defendant from Bidyawati Gogoi was also pleaded in the W.S. The contesting 1st defendant accepted that at times, he tendered rent to the plaintiff on behalf of the defendant No.2.