SHYAM SUNDAR DEBNATH Vs. NABENDU KISHORE SINHA

JUDGEMENT

(1.) Heard Mr. A. K. Purkayastha, the learned counsel for the petitioner. Also heard Mr. D. Mazumder, the learned Senior Counsel assisted by Mr. S. Biswas, the learned counsel for the respondent.

(2.) In this revision petition, judgment and decree dated 16.06.2016 passed by the learned Civil Judge No.1, Cachar at Silchar in Title Appeal No. 20/2014 is put under challenge.

(3.) The present petitioner is the plaintiff in Title Suit No. 12/2009 in the learned Court of Munsiff No.2, Cachar at Silchar filed against the sole defendant/respondent for restraining the defendant/respondent from ejecting him from the tenanted premises which is the suit premises without due process of law by way of injunction. It is the case of the plaintiff/petitioner that he was a tenant under late Nanda Kishore Singha, the father of the defendant/ respondent with respect to the suit premises at a monthly rent of Rs.500/-. After the death of late Nanda Kishore Singha, the three brothers of the defendant/respondent namely, Niresh Kishore Singha, Nripendra Kishore Singha and Nagendra Kishore Singha, renewed the tenancy in favour of the plaintiff/petitioner by way of an agreement dated 26.06.1997. The said tenancy was for a period of 5 years starting from 01.06.1997 to 31.05.2002 on the condition of payment of monthly rent of Rs.1100/-. The plaintiff/petitioner regularly paid the monthly rent and vide letter dated 05.08.1999, the defendant/respondent informed the plaintiff/petitioner that as per an amicable family arrangement between the legal heirs of late Nanda Kishore Singha, the suit premises exclusively fell in the share of the defendant/respondent. Again vide letter dated 17.10.2001 the defendant/respondent instructed the plaintiff/petitioner to deposit the monthly rent in his account with Central Bank of India, Silchar Branch. In the month of March 2002, the plaintiff/petitioner approached the defendant/respondent to renew the tenancy agreement dated 26.06.1997 and on being instructed he started to deposit Rs.1320/- per month as rent in the said account of the defendant/respondent till the month of December, 2008. On 28.12.2008, the brothers of the defendant/respondent alongwith some bad elements armed with deadly weapons attempted to dispossess the plaintiff/petitioner by force from the tenanted premises. Complaint was lodged before the SDM (S), Silchar on 31.12.2008 under Section 207 Cr.P.C. Thereafter, on 8.1.2009 the brothers of the defendant/respondent made attempts to put the suit premises under lock and key. Hence, the suit.