RAMJI SARMAH Vs. SARASWATI DEVI AND ORS.

JUDGEMENT

(1.) HEARD Mr. Z. Mukit, the learned counsel appearing for the petitioner/defendant. Also heard Ms. M.D. Choudhury, the learned counsel appearing for the respondents, who are the successors of the original plaintiff Late Rajmangal Dubey in the Title Suit No. 47/1996.

(2.) CLAIMING himself to be the owner of a Assam Type House consisting of one room situated on govt. land at the Netaji Subhash Road, Guwahati, the plaintiff Rajmangal Dubey applied for ejectment of the defendant on the ground that the tenant defaulted in paying the due rent of Rs. 150/ - per month from July 1994 to January 1996. Declaratory relief of title over the suit property was also claimed by the plaintiff. In his WS, the defendant however denied that he is a tenant under the plaintiff. The occupation of the suit premises standing on govt. land is claimed on his own count, by the defendant.

(3.) THEN the aggrieved plaintiff filed the Title Appeal No. 63/1997 and the Appellate Court noted that the Exbts. -1 to 5 are not rent receipts, as those do not contain the signatures of the landlord showing acceptance of rent. Although the documents do indicate that the defendant paid rent, but on this basis the connection with the plaintiff as the landlord was not accepted to be established. Because of this conclusion, the plaintiff's Title Appeal No. 63/1997 was dismissed by the learned Civil Judge (Sr. Division) No. 2, Guwahati, through the judgment dated 21.09.1998 (Annexure -D).