NURATMAL JAIN Vs. SMT. TARINIBALA BORA AND ORS.

JUDGEMENT

(1.) A suit for realisation of arrear rent for the period from 16 -10 -1972 to 16 -5 -1973 was filed against the petitioner by one Deva Kanta Bora and his wife, Smt Tarinibala Bora. As Deva Kanta died during the pendency of the suit, all his heirs were brought on record. The suit, was decreed by the learned Munsiff. Morigaon, which judgment and decree have been affirmed by the learned Assistant District Judge, Nowgoing,

(2.) THE only point raised before ma by Shri B. Sharma, who appears for the petitioner, is that the suit was not maintainable and as such the learned Munsiff had no jurisdiction to entertain the same. According to the learned counsel, the suit is not maintainable because it being the case of the plaintiffs in the plaint that the suit property had been gifted to Tarinibala by Debo Kanta on 18 -7 -1972, Tarinibala could not claim the rent for a period subsequent to 18 -7 -1972 without getting a declaration of her title to the suit premises. That a transferee from original lessor cannot succeed either to evict the tenant or to realise arrears of rent despite Sec. 109 of the T, P. Act, is sought to be established by referring to certain decisions of this Court The first is in S. A. No, 113 of 1965, where one Taufiquor Rahman had come forward to evict the tenant on the averment that he had become the owner of the premises on the same having been gifted to him by Kayambir Rahman. The learned single Judge who decided the appeal agreed with the Courts below that, they were right in directing the plaintiff to file a regular suit for declaration of his title to the suit land as the courts below had entertained some doubt about the soundness of mind of Kayambir when he had executed the deed of gift and also because the suit land had not been mutated in the name of Taufiquor on some objection being raised by Talmijur, his brother.

(3.) THE petition therefore stands 'dismissed.