BHANUMATI SIKDAR Vs. BINAPANI SINGHA ROY

JUDGEMENT

(1.) The judgment and order dated 30.09.2008 passed by the learned Civil Judge, Darrang at Mangaldoi in Title Appeal No. 4/2003, thereby affirming the judgment dated 11.4.2001, passed by the learned Civil Judge (Junior Division), Darrang, Mangoldoi in Title Suit No. 17/91 is in challenge in this revision.

(2.) The respondent/plaintiff instituted Title Suit No. 17/91 for ejectment and realization of khas possession of the suit property from the petitioners/defendants, who were tenants in respect of the suit property.

(3.) The plaintiff's case, in brief, may be stated as follows :- The suit land, along with the house thereon, was the ancestral property of the plaintiffs and the defendants were monthly tenants under Smti. Surabala Dutta, the Predecessor-in-interest of the plaintiffs. The plaintiffs required the suit house for their own bonafide requirements. The defendants instead of vacating the suit house, sub-let the tenanted room and failed to pay the rent w.e.f. March, 1976 onwards. Hence, the plaintiffs instituted the said title suit seeking a decree for ejectment and khas possession on the ground of bonafide requirement and defaulter.