GANGARAM GANPATLAL AND ORS. Vs. TUGANMAL AGARWALLA

JUDGEMENT

(1.) The defendants-petitioners by this Revision application have impugned the judgment and decree passed by the District Judge, Jorhat dismissing the Title Appeal No. 2 of 1984 of the petitioners and affirming the judgment and decree in Title Suit No. 43 of 1978 passed by the Assistant District Judge, Jorhat.

(2.) The plaintiff-opposite party, is the owner of the suit premises situated at Jorhat town. The petitioners are monthly tenants in respect of the suit premises since 1969 at a monthly rent of Rs. 501.00. The plaintiff filed the suit, for ejectment of the defendants on the ground of their becoming defaulter in payment of rent and for bona fide requirement for own use and occupation of the premises. Notice of the ejectment terminating the tenancy by the end of Nov., 1977 was issued prior to institution of the suit.

(3.) The defendants contested the suit by filing written statements. They claimed occupation of the premises as tenants since 1947 and that the rent had been increased in stages. It was also stated that the plaintiff used to collect rent from them from time to time and there was no fixed date for payment of rent. They denied the allegation of default in payment of rent by stating that the plaintiff refused to accept rent on tender making some excuses. The ground of bona fide requirements of the plaintiff was also denied.