RAM KARANJI MORE Vs. KESHARDEV JALAN

JUDGEMENT

(1.) This revision petition has been preferred by the Revision petitioner against the judgment and decree dated 31-10-95 passed by the Assistant District Judge, Dibrugarh in Title Appeal No. 39 of 1985 reversing the judgment and decree dated 31-7-85 and 3-8-85 respectively passed by the Munsiff No. 1, Dibrugarh in Title Suit No. 111 of 1981.

(2.) The respondent as plaintiff filed the above mentioned Title Suit against the Revision Petitioner as defendant for ejectment from the suit premises on the ground of defaulter, bona fide requirement and unauthorised construction.

(3.) The plaintiff/respondent's case was that he is the owner of the suit premises described in the Schedule of the plaint. The suit premises originally belonged to M/s. Jugal Kishore Kanaiyalal at New Market, Dibrugarh. Being the Karta of the undivided Hindu family, the plaintiff became the owner of the property in question by a partial partition amongst the family members and became the absolute owner,thereof. The defendant came into occupation of the premises as monthly tenant according to English Calendar month agreeing to pay rent at the end of each English month. Further agreement was that the defendant will not make any alteration, addition or any new construction; that he will vacate and deliver the khas possession of the premises to the plaintiff whenever called upon to do so; that the defendant will use the premises with care and caution and maintain it properly. The rent was subsequently raised to Rs. 121/- per month from 1-7-1972. The defendant became irregular and ultimately defaulted to pay rent since 1980 and made unauthorised constructions to the premises in spite of protest from the plaintiff. The plaintiff further also claimed the bona fide requirement of the suit premises for re-construction of the same and for his own use and occupation. Further prayer for khas possession of the suit premises, the plaintiff claimed for arrear rent with effect from September, 1980 to February, 1981 and compensation at the rate of Rs. 10 / - per diem up to 7-12-1981.