RIAZI BEGUM Vs. NAJIMA HAQUE

JUDGEMENT

(1.) Heard Mr. S. Ali, learned counsel for the petitioners. Also heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. S. Katakey, learned counsel for the respondent.

(2.) The judgment and decree dtd. 17/7/2017 passed by the learned Civil Judge,Sivasagar, in Title Appeal No. 11/2013 is under challenge in this revision petition. The present petitioners as plaintiffs filed Title Suit No. 53/2001 in the Court of learned Munsiff No. 1 at Sivasagar against the present respondents as defendants for ejectment.

(3.) The facts of the case of the plaintiffs petitioners, in short, are that the defendants/respondents are the legal heirs of late Md. Sadullah who died on 8/2/1997. The present defendants respondents and their predecessor are tenants under the predecessor-ininterest of plaintiffs petitioners of the suit premises. The predecessor-in-interest of the defendants respondents defaulted in payment of monthly rent and as such, the predecessor-in-interest of the plaintiffs petitioners instituted Title Suit No. 81/1996 for ejectment claiming arrear rent also. During the pendency of the said suit the predecessor-in-interest of the plaintiffs petitioners died resulting abatement of the suit and its consequent dismissal. A settlement was arrived at between the predecessor-in-interest of defendants respondents and present plaintiffs petitioners on the condition that the arrear rent if paid, the plaintiffs petitioners would not proceed with the Title Suit No. 81/1996. Though a part of the arrear rent was paid, however the predecessor-in-interest of the defendants respondents defaulted in payment of arrear rent for 16(sixteen) months. Continuous demands were made for clearing up the arrear rent alongwith current rent to the predecessor-in-interest of the defendants respondents. But without complying the terms of the settlement the predecessor-in-interest of defendants respondents started paying the monthly rent in the court without tendering the same to the plaintiffs petitioners. Hence the suit for ejectment.