BONGAIGAON STORES Vs. MOOL CHAND KUCHERIA

JUDGEMENT

(1.) ard Mr. S.S. Sharma, learned Sr. counsel appearing for the petitioner. Also heard Mr. G.N. Sahewalla, learned Sr. counsel representing the respondents.

(2.) This revision petition has been preferred against the judgment and decree dated 5.11.2013 passed by the court of Civil Judge, Bongaigaon in Title Appeal No. 35/2010 dismissing the appeal filed by the petitioner and affirming the judgment and decree passed in Title Suit No. 02/2000 by the learned Munsiff, Bongaigaon decreeing the suit filed by the respondents as plaintiffs seeking ejectment of the petitioners from the tenanted premises.

(3.) The brief facts of the case is that the petitioner No. 2 had entered into a tenancy agreement in respect of the suit premises located in the ground floor of the building jointly owned by the respondent. The tenancy had commenced in the year 1975 on condition of paying a monthly rent of Rs. 280/-. However, according to the respondents the petitioner No. 2 (defendant No. 2) had stopped paying the rent and instead started depositing the same in the court without offering the same to the respondents/ plaintiffs and that the suit premises were bonafide required for the purpose of business activities of the respondent No. 3 who has shifted his business from Delhi to Bongaigaon. On such ground the respondents as plaintiffs had instituted the Title Suit No. 02/2000 in the court of Munsiff, Bongaigaon.