DEATH OF PARIMAL BISWAS Vs. LAKHI BARUAH

JUDGEMENT

(1.) This civil revision petition is directed against the judgment and decree passed by learned Civil Judge No. 1, Kamrup in T.A. No. 121/2010, whereby the learned first appellate court concurring with the findings of the learned trial court dismissed the appeal filed by the revision petitioner.

(2.) The facts, which may be relevant for disposal of this revision petition, may be stated thus :

(3.) The respondent herein, as plaintiff filed T.S. No. 149/2002 (renumbered as T.S. No. 199/2002) under the Assam Urban Areas Rent Control Act, 1972 for eviction of the defendants (petitioners herein) and for recovery of arrear rent. The case of the plaintiff was that she purchased the suit property on 12-03-2002 by registered sale deed. The defendants were tenants under the vendor of the plaintiff in respect of the suit premises. Immediately after purchasing the suit property, the plaintiff requested the defendants to vacate the suit premises as she wanted to construct her residential house over the suit property. The defendants requested the plaintiff for allowing them to remain in the suit premises for three months, so as to enable them to arrange an alternative accommodation. Accordingly, the defendants agreed to vacate the suit premises after three months and also gave a written undertaking to that effect. It was also agreed by and between the parties that the defendants shall continue to pay the rent as per the arrangement with the previous landlord from the middle of March, 2002. However, the defendants failed to pay the rent and therefore, the suit was filed for eviction of the defendants on the twin grounds, viz., defaulter and bona fide requirement.