SRIMATI PHULANI BALA DAS Vs. UPEN DAS

JUDGEMENT

(1.) HEARD Mr. A.C. Sarma, the learned Counsel appearing for the petitioner, who was the defendant in the Title Suit No.64/2003. Also heard Mr. Sheeladitya the learned Counsel appearing for the respondent (plaintiff).

(2.) THE respondent filed an ejectment suit under the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as "the Rent Act") by contending that the defendant failed to pay the rent from the month of March 2002, for the two rooms let out to her. The plea of bona fide requirement is also projected with the plea for additional space for the two growing sons of the plaintiff. The plaintiff claimed ownership of the suit property on the basis of the Will dated 20.7.1983 executed by his aunt Bulu Das, W/o Jogen Das @ Jogendra Keot, who as a Rayati Khatiandar under the Kamakhya Devalaya, was in possession of the suit property, where he built two Assam Type Houses. The two rooms in the first Assam Type House was let out to the defendant, through monthly tenancy @Rs.800/ - P.M.

(3.) IN the W.S., the defendant claimed that her husband Dhanai was adopted by Late Jogen Das and Smt. Bulu Das and after her husband Dhanai died on 31.5.1994, she along with her son Shankar Das inherited the property of Late Jogen Das and Smt. Bulu Das, from her husband Dhanai, who was allegedly adopted by the land owner. On this basis, the defendant denied that she has obligation to pay any rent and instead made a counter -claim of being the owner of the suit property. Against this counter -claim, the plaintiff filed his W.S.