LAWS(GAU)-1978-4-2

PROMODE DAS Vs. DHARMADUTTA SARMA

Decided On April 20, 1978
Promode Das Appellant
V/S
Dharmadutta Sarma Respondents

JUDGEMENT

(1.) THIS is an appeal against an appellate decree by the plaintiff-landlord, dismissing his suit for ejectment.

(2.) THE plaintiff being the owner of the suit land had granted a lease in favour of the defendant for one year commencing from 7-12-1959 to 6-12-1960 on the stipulation that the defendant would pay rent @ Rs. 40 for the period. The land falls within the 'Urban Area' of Gauhati. The lease was for residential purpose. The terms of the lease had expired but notwithstanding repeated requests made by the plaintiff the tenant had not vacated the land by removing the temporary structures made by the defendant; the plaintiff required the land for his own use and hence the suit.

(3.) THE trial Court decreed the suit. On appeal the decree was set aside and the suit dismissed.