CHITTARANJAN GHOSH Vs. ABDUR RAHMAN

JUDGEMENT

(1.) Ths appeal has been preferred by the defendant as appellant against the judgment and decree passed by the Additional District Judge, Dhubri in Title Suit No. 9 of 1991 on 23.3.95. The opposite party as plaintiff filed the suit for ejectment of the defendant and for damages for unauthorise use and occupation of the suit premises and for permanent injunction.

(2.) The plaintiff 's case in brief is that he has three Assam type houses at Dhubri Municipality holding No. 83 (New 141) at Ward No. 11 of Dhubri Town as described in the Schedule of the plaint. Out of the 3 houses one is "L" pattern house having 3 rooms and the defendant is in occupation of two rooms of the said house which are suit houses in question. That all the three houses were constructed for residential purpose. These two rooms in question was raited out to the defendant at the monthly-rent of Rs. 200/- payable within seven days of the next English calender month and with a further condition that the defendant would vacate the suit premises positively by May, 1990; that the defendant failed to act as agreed upon and neither vacated the suit premises nor paid any rent after May, 1990; and that consequently the defendant became defaulter. Further contention in the plaint is that the suit premises is required by the plaintiff for his own occupation as he has no other house at Dhubri, his birth place and wishes to spent rest of his life after retirement with his only son who is a lecturer in the local B.M. College now staying in a rented house. That the house in question is in dilapated condition and required in place, of service latrine. He also claimed that being a retired Government Officer he is entitled to the benefit provides U/s 5AA (amended) of the Assam Urban Areas Rent Control Act (herein after called 'the Act').

(3.) The appellant/defendant along denied the allegation of default and plea of bonafide requirement of the plaintiff.