NIRMALA DEVI CHOUDHURY Vs. ANANDILAL JAIN

JUDGEMENT

(1.) The judgment and decree dated 23.12.99 passed in Title Appeal No. 46/ 95 by the learned Civil Judge (Sr. Divn.) No. 3, Guwahati affirming the judgment and decree dated 5.9.95 passed by the learned Munsiff, Rangia in Title Suit No. 32/87 dismissing the suit of the plaintiff/ petitioner is under challenge in this revision petition.

(2.) The plaintiff/petitioner filed Title Suit No. 32/87 in the court of learned Sadar MunsifF, Guwahati against the defendant/ opposite party interalia praying for-

(3.) The pleaded case of the plaintiff/ petitioner is that the suit premises which is an Assam type, house containing several rooms (described in the schedule of the plaint) originally taken on rent by the defendant/opp. Party from M/s Ram Chandra Dungarmal, a partnership firm at Rangia town on monthly rent @ Rs. 150/-. The said firm was dissolved on 11.9.78 and the suit premises having fallen on the share of the plaintiff/petitioner, the said fact was informed to the defendant. Subsequently by an agreement made between the plaintiff and the defendant monthly rent was raised @ Rs. 200/- and to be paid within 15 days of each month of English calendar. The defendant continued to occupy the suit premises since October. 1978 and paid monthly rent upto 31.8.81. Since 1.9.81 the: defendant defaulted in payment of the rent and inspite of repeated demands, the arrear rent has not been paid. It was furtherr pleaded that the suit premises being an old one requires major repairing to protect it from ruining and for renovation but the defendant inspite of demands made by the plaintiff, the defendant did not vacate the same. Hence, the suit was filed for ejectment of the tenant along with the aforesaid payer.