PRASANA KUMAR KESHAN Vs. PRADIP GOGOI

JUDGEMENT

(1.) Heard Mr. GN Sahewalla, the learned senior counsel for the petitioner as well as Mr. TJ Mahanta, the learned senior counsel for the respondent.

(2.) The petitioner is a tenant of the respondent in respect of a land measuring 3.5 Kathas together with structures standing thereon claiming to be the tenant since the time of his forefathers and in possession of the suit premises since the year 1939.

(3.) The petitioner filed a suit being Title Suit No. 50/2014 in the court of learned Munsiff No.1 at Jorhat, stating therein that as per the agreement, the petitioner had been paying the agreed annual rent. It was stated that the petitioner had received a phone call from the respondent on 01.09.2014 asking him to come to Jorhat for discussion. On 6.09.2014 when he went to meet the respondent at the agreed time at about 1:00 PM, 4/5 youths with 3 unknown ladies locked the plaintiff in the room and made him signed some document and stamp papers without allowing him to read those documents. Facing threat, the petitioner signed the documents to vacate the suit premises immediately. On 07.09.2014, the petitioner lodged an FIR and Jorhat PS Case No.1531/2014 was registered under Section 384/34 IPC against the respondents and others. Upon being threatened with eviction from the suit premises on 7.9.2014, the petitioner filed a suit i.e., Title Suit No.50/2014 with the prayer for declaring him as a tenant and for declaration that the petitioner/plaintiff has the right, interest and possession over the suit premises as a tenant and the respondent/defendant has not right to evict him from the suit premises without following the procedure of law and for a permanent injunction and other reliefs.