RAHUL SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Civil Revision Petitions are filed against the fair and decreetal order passed in R.C.A.No.4 of 2012 dated 12.06.2015 on the file of Rent Control Appellate Tribunal (Sub Court), Ambasamudram confirming the fair and decreetal order passed in RCOP.No.3 of 2008 dated 25.06.2012 on the file of the Rent Controller (Principal District Munsif), Ambasamudrram.

(2.) The revision petitioner is respondent/tenant in RCOP.No.3 of 2008. The respondent is landlord, petitioner in the said RCOP. The respondent filed RCOP for eviction of petitioner from the petition premises, on the grounds of wilful default and owner's occupation.

(3.) The petition premises is non residential building which originally belonged to husband of respondent. The petitioner and respondent's husband entered into rental agreement on 06.02.1996. The petitioner became a tenant on monthly rent of Rs. 200.00. As per the agreement, the petitioner must pay monthly rent, on or before 5th of every month and after expiry of 10 years, must vacate and deliver vacant possession. The respondent's husband settled the petition premises on the respondent. The petitioner attorned the tenancy in favour of the respondent. The petitioner defaulted in payment of monthly rent and failed vacate and deliver vacant possession, after expiry of 10 years. The petitioner damaged the flooring of the petition premises. The respondent required the petition premises for owner's occupation for the tailoring business of her son and daughter. The respondent filed RCOP.No.3 of 2008 for eviction of petitioner.