FARUQUE RAHIM Vs. AKBARI BEGUM

JUDGEMENT

(1.) THIS revision is directed against the judgment and decree, dated 23. 11. 04, passed by the learned Civil Judge (Senior Division), Dibrugarh, in Title Appeal No. 6 of 2002, dismissing the appeal and affirming thereby the judgment and decree, dated 21. 5. 02, passed by the learned Civil Judge (Junior Division) No. 1, Dibrugarh, in Title Suit No. 85/98, whereby the plaintiffs-opposite parties' suit for ejectment of the defendant-petitioner from the suit premises, as a tenant, on the ground that he is a defaulter, was decreed.

(2.) I have heard Mr. B. K. Goswami, learned Senior counsel appearing on behalf of the defendant-petitioner, and Mr. R. Barpujari, learned counsel for the plaintiffs-opposite parties.

(3.) THE plaintiffs instituted the suit aforementioned for recovery of Khas possession of the suit premises by ejecting the defendant therefrom and also for realization of arrear rent, the case of the plaintiffs being, in brief thus : The plaintiffs are the owner of the suit premises and the defendant, who is a tailor by occupation, came to occupy the suit premises, on the basis of an oral agreement reached between the parties concerned, as a tenant under the plaintiffs, in February, 1988, undertaking to pay rent at the rate of rupees two hundred per month. The defendant used to pay rent regularly to the plaintiffs, as landlord; but since November, 1993, he made no payment of rent despite repeated demands raised by the plaintiffs, as landlord. The defendant is, thus, a defaulter. This apart, the suit premises are required bona fide by the plaintiffs for their own use and occupation.