BISWAJIT SAHA Vs. SHAH MD FARID

JUDGEMENT

(1.) The revisional jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure is sought to be invoked by challenging the judgment and decree dated 24.8.04 passed by Additional District Judge, Guwahati in TA No 14/03, affirming the judgment and decree passed by the learned trial Court in TS No. 185/01 dismissing the appeal.

(2.) I have heard Mr. P. Borthakur, learned Sr. Counsel for the Petitioner and Mr. A.M. Mazumdar, learned Senior Counsels for the Respondents.

(3.) The brief material facts necessary for disposal of this revision petition are that the Defendant/Petitioner was a monthly tenant under the Plaintiff/Respondent in respect of the suit premises at a monthly rent of Rs. 3,000.00. Alleging default in payment of the rent from November, 2000 by the Defendant/Petitioner in spite of repeated demands, as well as bonafide requirement of the suit premises, the Plaintiff filed the T.S. No. 185/01, in the Court of the learned Civil Judge (Senior Division) No. 3, Guwahati, inter alia, praying for ejectment of the Defendants from the suit premises and for recovery of arrear rent from November 2000 onwards till the Defendant is ejected from the suit premises and for other usual reliefs. The suit was contested by the Defendant by filing written statements, denying allegation of defaulter as alleged in the plaint. The Defendant pleaded that he paid rent regularly to the Plaintiff upto March 2001 and thereafter the Plaintiff having refused to accept the sent onto same was deposited in the Court from April 2001 onwards regularly and hence the Defendant/Petitioner is not a defaulter.