ARTI SAHA Vs. MANGAL SARKAR

JUDGEMENT

(1.) This Revision petition has been preferred against the judgment and order dated 16.11.90 and decree dated 6.12.90 passed by the Assistant District Judge, Dhubri, in Title Appeal No. 36 of 1987 of his court allowing the appeal in reversing and setting aside the judgment and decree dated 4.5.87 passed by the Munsiff No. 1, Dhubri in Title Suit No. 90 of 1986, decreeing the aforesaid suit.

(2.) The petitioner as plaintiff instituted the above mentioned suit against the opposite party as defendant alleging that the opposite party as tenant under the petitioner landlord, used to sublet the demised house premises without his permission; that the demised suit house is bonafide required for occupation for his son, Shri Ajoy Kumar Sana, who is an educated unemployed youth, to start his own business for his livelihood to him, that he came to know subsequently during the trial of the suit that the opposite party had built his own house and business accommodation situated at Vivekananda Road, Dhubri Town, Trial court decreed the suit and against his opposite party- defendant preferred Appeal. The lower appellate court set aside the judgment and decree of the Munsiff as aforesaid.

(3.) Opposite party as defendant denied subletting any portion of the room or allowing others to store goods on rental basis, that he was wholesale and retail sale dealer of tea and godown and entire premises was required for storing tea. Regarding bona fide requirement defence stand was that plaintiffs son Ajoy was managing and looking after the grocery shop of the plaintiff, situated at Mankachar and premises was not required for personal use of his son as claimed, that the plaintiff had vacant land and other house where he can start any business.