URMILA JAIN Vs. AMBICA PRASAD (DR.)

JUDGEMENT

(1.) Heard Mr. S. Ali, learned counsel for the revision petitioners. Also heard Mr. H. K. Deka, learned senior counsel appearing for the respondent.

(2.) This revision petition has been preferred against the judgment and order dated 02.01.2016 passed by the Court of learned Civil Judge No.3, Kamrup(M) at Guwahati in connection with Title Appeal No. 33/2011 allowing the appeal filed by the plaintiff/respondent, thereby reversing the judgment and decree dated 25.02.2011 passed by learned Munsiff No.1, Kamrup(M), Guwahati in Title Suit No.434/2008 dismissing the suit filed by the respondent.

(3.) The brief factual matrix of the case is that the plaintiff/ respondent was the original owner in respect of a plot of land measuring 1 Katha 6 Lechas covered by dag No 3262 of K.P.Patta No 514 of Sahar Guwahati under Ulubari Mouza. The respondent had exchanged his aforementioned plot of land for another land measuring 2 kathas 1 Lecha owned by his brother Sri Ranjit Prasad by executing a registered deed of exchange dated 23.04.1975. Upon the aforesaid land measuring 2 Kathas 1 Lecha, there was a RCC building named "Guwahati Market "covered by Holding No 13 of Ward No 33 of the Guwahati Municipal Corporation (GMC). Earlier, the elder brother of the respondent i.e. Sri Ranjit Prasad had let out the ground floor of the said building to several tenants. The defendant No 1 and Mahendra Jain i.e. the predecessor-in-interest of the defendant Nos. 2 to 4, had also jointly entered as tenant under Ranjit Prasad in respect of one room measuring 12' x 24' marked as "Room No. A/1" located at the ground floor of the building, which is the suit premise. The tenancy had commenced in the year 1977 on condition of paying monthly rent of Rs. 775/- which amount would fall due on the 1st day of the succeeding month as per the English calendar. After the death of Mahendra Kumar Jain, his legal heirs i.e. the present petitioners continued with the tenancy. Ranjit Prasad had earlier instituted Title Suit No.7/2003 against the petitioners seeking a decree of ejectment. The petitioners had contested the suit by filing written statement. After framing of issues the suit was fixed for trial but none of the plaintiff's witnesses in Title Suit No. 7/2003 appeared for cross-examination and the plaintiff therein (Ranjit Prasad) also did not pursue the suit as a result of which the same ended in dismissal on 08.09.2008. During the pendency of Title Suit No. 7/2003 the respondent had issued a notice dated 19.02.2007 calling upon the petitioners to attorn the tenancy in his favour and pay up the rent along with electricity bills. The petitioners had received the notice dated 19.02.2007 but did not respond to the same by paying the rent.