TARKESWAR THAKUR Vs. AJOY KUMAR VERMA

JUDGEMENT

(1.) HEARD Mr. S.K. Ghosh, the learned Counsel appearing for the petitioners (defendants). Also heard the learned Senior Counsel Mr. G.N. Sahewalla appearing for the respondent (plaintiff).

(2.) THE respondent filed the Title Suit No.107/2000 for ejectment of the two defendants from the shop room No.5 measuring 10 ft. x 22 ft., more fully described in the schedule of the plaint and for realization of Rs.7200/ - as compensation for wrongful occupation from 1.1.2000 to 31.8.2000. The defendants in the W.S. stated that rent for the haircutting saloon was raised to Rs.231/ - p.m. from June 1999 and due rent was collected regularly by the plaintiff uptill April, 2000. Thereafter the plaintiff accepted the rent for the month of May 2000 on 5.6.2000 but refused to issue any receipt thereof and instead demanded that an agreement be executed for the shop room @Rs.5000/ - p.m. or otherwise, the defendants will be forced to vacate. Since the plaintiff failed to collect the rent for June 2000, the defendants tendered the same through the defendant No.2, but the plaintiff refused to accept the rental payment and consequently the rent for the due month was deposited in Court.

(3.) AFTER pleadings were exchanged, the learned Civil Judge No.1, Dibrugarh initially formulated 6 Issues and subsequently the additional Issue No.7 was also framed. The Issues are extracted hereinbelow for ready reference :