LAHOTY BROTHERS LTD Vs. KALIDAS GHOSH

JUDGEMENT

(1.) This revision application filed by the tenant/defendant in the suit in question is directed against judgment and order passed by the appellate Court confirming the judgment and decree passed by the Trial Court. Thus, this revision application being against the concurrent findings of fact towards decreeing the suit in favour of the landlord/opposite party, it is to be seen as to whether any interference is called for to such concurrent findings of fact exercising the revisional jurisdiction.

(2.) Adverting to the facts of the case, the opposite party herein as the plaintiff filed the suit being Title Suit No. 82/01 before the Civil Judge (Jr. Division) No. 1, Silchar against the defendant/petitioner for eviction from the suit premises. The suit was filed for eviction of the defendant/petitioner from the suit premises on twin grounds of bonafide requirement of the suit premises and default in payment in monthly rent. According to the plaintiff/ opposite party the defendant paid monthly rent to him @ Rs. 575/- upto the month of August, 1996 and thereafter the defendant/petitioner neither paid any rent to the plaintiff nor tendered the same for any month to the defendant and/or deposited in the Court. As regards the bonafide requirement of the suit premises, it was the case of the plaintiff/opposite party that the same is required for his son who is unemployed.

(3.) The defendant/petitioner contested the suit by filing written statement denying both the grounds. Referring to the earlier suit filed by the plaintiff/opposite party for ejectment of the defendant, it was points out that the suit was dismissed. Be it stated here that the suit was of 1979 registered and numbered as Title suit No. 23/79. Being aggrieved by dismissal of the suit, the plaintiff/opposite party filed Title appeal No. 79/82 and during the pendency of the appeal, a bilateral agreement was executed on 01.04.89 and the monthly rent of the suit premises was enhanced.