GUWAHATI, India, April 24 -- Gauhati High Court issued the following order on March 24:
[1] Heard Mr. A.K. Gupta, learned counsel for the petitioners and Mr. D. Kalita, learned counsel for the sole respondent.
[2] This revision is directed against the appellate court judgment and decree dated 20.06.2014, passed by the learned Civil Judge Dibrugarh in Title Appeal No. 64 of 2012 reversing the judgment and decree dated 28.08.2012 of the learned Munsiff No. 1, Dibrugarh, which decreed the suit of the plaintiff in Title Suit No. 11 of 2010 vide judgment and decree dated 07-09-2012.
[3] The facts leading to the present revision may be briefly discussed as follows :- The plaintiff is the absolute owner of a plot of land measuring 0B-1K-0L covered by dag No. 495 of PP Patta No. 66 situated at Jyotinagar, Gabharupathar Ward, Dibrugarh Town Mouza in the District of Dibrugarh, Assam and also the houses standing thereon. The plaintiff has been playing the land revenue and taxes etc. in respect of the said land. On 01.02.1990, the defendant Sri Kishan Chand Dushad came into the occupation and possession of the houses described in the schedule of the plaint as a tenant by executing a tenancy agreement for 11 months on various terms and conditions. After about 7 months of execution of the tenancy agreement, the suit house was extended to 25 feet x 15 feet.
[4] In the month of December, 1990, the tenancy agreement expired and no renewal was done. The plaintiff therefore, asked the defendant to vacate the premise but the defendant took time to do so. Sometimes in June, 1994, the defendant Kishan Chand Dushad inducted Sri Diplal Dushad and Smti Nandi Dushad in the tenanted premise as guests but they continued staying there without any permission of the plaintiff. Since January, 2008, the defendant has also stopped paying the monthly rent of the tenanted premise @ Rs.100/- in spite of repeated requests and thus, they became defaulters. On 19.2.2009, the plaintiff again asked the defendants to pay the arrear rents and vacate the tenanted premise but it was in vain.
[5] Instead of vacating the suit premise, the defendants started threatening the plaintiff and as such, on 24.2.2009, a complaint was also made to police. Thus, the defendants neither made any payment of rent nor vacated the suit premise for which the instant suit is filed seeking eviction of the defendants from the suit premise and also for recovery of arrear rents.
[6] The defendants have contested the suit by filing their written statement. The case of the defendants is that they have been occupying the land measuring OB-1K-18-1/2 Ls of PP No.66 covered by Dag No.494 & 495 of Gabharupathar ward in Dibrugarh District owned by Borbari Land Development Corporation by constructing residential houses thereon. The defendant has got papers to show that the land belongs to Borbari Land Development Corporation and the plaintiff also purchased land from Borbari Land Development Corporation and now trying to grab the land of the defendant by illegal means.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1Bgvmie8U5V94heDnzc3p0fI2eE3FSBqcKGO9T8QP0RN&caseno=CRP/37/2015&cCode=1&cino=GAHC010007982015&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
