GOPI KANTA BANIA Vs. HEMOLATA DEVI

JUDGEMENT

(1.) HEARD Mr. C. K. S. Baruah, learned Senior counsel assisted by Mr. P. P. Das for the appellants/defendants and Mr. M. H. Rajbarbhuiyan, learned counsel appearing for the respondents/plaintiffs.

(2.) THE challenge in this second appeal is to the judgment dated 27. 3. 2002 passed by the learned Civil Judge (Senior Division) No. 2, Guwahati in Title Appeal No. 43/2000 dismissing the appeal and upholding the judgment and decree dated 9. 6. 2000 passed by the learned Civil Judge (Junior Division) No. 1, Guwahati in T. S. No. 7/91 decreeing the suit in favour of the plaintiffs/respondents.

(3.) THE short facts which would be sufficient for deciding the present appeal are that the respondents/plaintiffs filed the Title Suit No. 7/91 against the present appellants/defendants for a decree of ejectment of the appellant-defendant and his men from the suit premises described in Schedule A to the plaint and also for a decree for arrear of house rent to be paid by the appellants/defendants amounting to Rs. 1440/- and Rs. 240/-, Total Rs. 1680/- on the pleaded case that the appellants/defendants are the tenants under the respondents/plaintiffs in respect of the suit premises. In Para 5 of the plaint it had been mentioned that:-