SHANTI BASTRALAYA Vs. ARUN KEDIA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel assisted by Ms. N. Modi, learned counsel appearing for the petitioner. Also heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. B. Sarma, learned counsel representing the respondent.

(2.) This revision petition is directed against the judgement and decree dated 18.03.2015 passed by the Court of learned Civil Judge, Dibrugarh in Title Appeal No.61/2013, affirming the judgement and decree dated 06.08.2013 passed by the Munsiff No.1, Dibrugarh in Title Suit No. 51/2007, decreeing the suit filed by the respondent/plaintiff for ejectment of the petitioner.

(3.) The brief facts of the case is that the predecessor of the petitioner/defendant had entered as a tenant in respect of the suit premises under the predecessor in-terest of the plaintiff on condition of paying monthly rent as per English calendar. The tenancy had commenced in the year 1957 and thereafter, the rent was increased from time to time with the agreed rent being fixed at Rs. 2000/- per month. According to the plaintiff, one of the conditions of tenancy was that the defendant would vacate the same on being requested to do so by the landlord and that the monthly rent was to be paid in cash.