KESHAB CHANDRA SINGHA Vs. MOULOVI ABDUL MATIN CHOUDHURY

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 31.8.2004 passed by the learned District Judge, Karimganj in Title Appeal No. 87 2003.

(2.) I have heard Mr. D.C. Borah, learned counsel for the revision petitioners and Mr. B. K. Goswami, learned senior counsel as- sisted by Mrs. T. Goswami, learned coun- sel for the respondents.

(3.) The respondents, as plaintiffs, insti- tuted Title Suit No. 306/83 in the Court of Civil Judge (Jr. Divn.) No. 1, Karimganj praying for a decree for eviction of the prin- cipal defendants (revision petitioners), re- covery of khas possession and for payment of arrear rent. Plaintiffs' case is that they are the owners of the suit premises which they inherited from their predecessor-in- interest. A part of the land and houses de- scribed in the schedule to the plaint was let out on rent to the defendant Nos. 1 and 2 on a rent of Rs. 657- per month. On the same terms and conditions, the other part was also let out to the defendant Nos. 1 and 2 on a rent of Rs. 657- per month. The reoit, as agreed, was payable on the last day off every Bengali month. The defendant Nos. 1 and 2 paid rent till the month of Kartik 1389 B.S. in respect of one part and till the month of Kartik 1380 B.S. in re- spect of the other part. Thereafter, they defaulted, but continued to occupy the suit premises. Therefore, they are liable to be ejected from the said land.