NANDLAL KARNANI Vs. HARENDRA KUMAR BORDOLOI

JUDGEMENT

(1.) This revision is directed against the Judgment and Decree dated 30.9.2003 passed by the learned Civil Judge (Senior Division), Sibsagar in Title Appeal No. 8 of 2001 reversing the Judgment and Decree dated 11.4.2001 passed by the learned Civil Judge (Junior Division), Sibsagar in Title Suit No. 76 of 1986.

(2.) The respondent as plaintiff instituted Title Suit No. 76 of 1986 against the predecessor interest of the petitioners for recovery of possession of the suit premises by evicting the petitioner-tenants. The lease was for a period of eleven months expiring on 30th September, 1986. The monthly rent was fixed at Rs. 600/-. After expiry of the aforesaid period, inspite of repeated demand, the revision petitioners did not vacate the suit premises. Consequent thereupon, the ejectment suit was filed on the ground that the suit premises was bonafide required by the plaintiff for construction.

(3.) The revision petitioners in their written statement denied the title of the respondent interalia asserting that the revision petitioners without any objection from any quarter raised permanent construction on the land in question and as such, they are non-evictable tenants under the provisions of the Assam Urban Areas (N on-Agricultural) Tenancy Act. It was also pleaded that the suit had been filed on refusal of the proposal for enhancement of rent.