MD.RIZAUDDIN AHMED Vs. MD.IMRAN SHAH

JUDGEMENT

(1.) Heard Mr. SN Tamuli, learned counsel appearing for the petitioners and Mr. BK Sen, learned counsel appearing for the respondent.

(2.) In this revision petition, judgment and decree dated 28.05.2014 passed in Title Appeal No. 14/2013 by the court of learned Civil Judge, Sivasagar is put under challenge.

(3.) The respondent is the plaintiff in Title Suit No. 4/2007 filed against the present petitioners for khas possession of the rented rooms and two locked rooms of the first floor of the building by evicting the defendants/petitioners, arrear rent compensation etc. The plaintiff/respondent is the absolute owner of a plot of land measuring 1 K 13 Rs.covered by Dag No. 454 (new), PP No. 794 (new) upon which the rooms are situated. The defendants/petitioners are occupying two rooms as tenants under the plaintiff/respondent since 23.08.2005. The joint lease agreement was executed for both the rooms between the plaintiff and the defendants under the terms and conditions mentioned therein. Monthly rent payable is stipulated at Rs. 1000/- per room. Accordingly, Rs. 2,000/- is the total rent to be paid to the plaintiff/respondent on or before 6th day of each month against proper receipt. The period of lease was 11 months w.e.f. 23.08.2005 and expired on 22.07.2006. The defendants/petitioners failed to pay the monthly rent not even for a single month and as such, they are defaulter and liable to be evicted. The defendants/petitioners were let out only two rooms but they illegally and with ill motive forcibly kept under lock and key two rooms of the plaintiff/respondent on the first floor of the building. Complaint was lodged before the Sivasagar police station. The keys of the locks of the said rooms are with the defendants/petitioners. A complaint was also lodged before the Masjid Committee but to no effect. Advocate notice demanding to vacate the tenanted rooms were issued on 12.10.2006 but the defendants/petitioners refused to accept the same. Accordingly, the suit was filed with the reliefs mentioned hereinabove and the suit premises along with the two rooms on the first floor of the building are described in the schedule of the plaint as follows:-