SAMSUL HUSSAIN Vs. ABDUL WAHID

JUDGEMENT

(1.) THE predecessor in interest of the appellants Mafazul Hussain filed Title Suit No. 11/82 in the Court of the learned Munsiff (as it then was) at Jorhat, against the defendants praying for their ejectment from the suit land and khas possession with recovery of the arrears of rent and compensation.

(2.) DURING the course of legal proceeding the original plaintiff having expired, the present appellants were substituted. Similarly the original respondent/defendant No. 7 died without leaving any legal heir, but the suit proceeded against the surviving defendants.

(3.) THE appellants as plaintiffs instituted the suit asserting that the suit land measuring 1 K. 18 L covered by Dag No. 282, PP No. 43 of village Tiruwalgaon, Mouza- Nakachari, more specifically described in Schedule A to the plaint belongs to the appellants. The predecessor in interest of the defendants took the suit land on lease and constructed temporary houses thereon by paying monthly rent of Rs. 5. 00 per month and the tenancy was according to the English Calendar months commencing from the first day of the month ending with the last day of the month. The defendants did not pay the monthly rent to the plaintiffs regularly, rather they preferred to pay 3 or 4 months' rent together or for longer period at a time, in spite of objection of the plaintiffs to that effect. Although there was a stipulation in the lease agreement that the defendants would vacate the suit land as and when demanded. On the expansion of the family of the plaintiffs requiring the suit land for use of their own use occupation when the defendants are asked to vacate the suit land, the defendants though promised to do so, they never vacated the suit land instead they stopped payment of the monthly rent from the month of January, 1981. Plaintiffs sent a letter dated 02. 11. 81 through their advocate terminating the tenancy on 31. 12. 1981 and demanded the defendants to deliver the vacant possession of the suit land to the plaintiffs. The said notice was replied by the defendants through their Advocates denying to vacate the suit land asserting their right to stay therein. The appellants further pleaded that the defendants have no right to stay in the suit land for all time to come and they are defaulters in payment of monthly rents since January, 1981. On the aforesaid allegations, the plaintiffs instituted the suit for ejectment of the defendants from the suit land and for khas possession and recovery of arrear of rents amounting to Rs. 60. 00 and also for compensation.