JAMILA KHATOON Vs. AJODHYA PATHAK

JUDGEMENT

(1.) 1. This appeal has been preferred by the appellant who is the plaintiff in title suit No. 7/75. The suit was for delivery of possession. By ejecting the defendant from the suit land. In the suit also there is prayer for declaration that the defendant has not acquired any right, title and interest for the suit land.

(2.) Heard Mr. D.K. Talukdar, learned counsel for toe appellant None appears for the respondent. The matter is an old one and is pending since 1985 and has been listed for hearing for some lime back. Four advocates have been engaged for the respondent but none appeared to defend the case of the respondent. Accordingly, the court proceed to dispose of the appeal.

(3.) The plaintiffs case is that he is the owner of he suit land and the suit house as described in the schedule of the plaint. The defendant was a monthly tenant in respect of the suit properties at Rs. 30/- per month since Bhadra 1357 B.S. for 2 years. That the defendant was paying the rent to the plaintiff as per agreement and was possessing the suit premises as such stopped paying rent since the month of Sawon 1362 B.S. The plaintiff filed a money suit No. 56/1958 for realisation of the rent for the period commencing from Sawon 1362 BS to Magh 1364 and the suit was decreed in favour of the plaintiff. Again subsequently for the realisation of the rent since the last date of Magha 1364 to Paus 1367 BS he has filed another money suit MS 279/66 and also obtained the decree. The defendant preferred being Money appeal No. 31/70 which was dismissed on 1.6.92 on contest but till the filing of this suit the defendant did not clear the decretal amount In respect of these two decrees the defendant it is alleged has not paid any rent but has been possessing the premises.