JUDGMENT

Mohan, J.

I. Leave granted.

2. The special leave petition is directed against the judgment of the Gauhati High Court in Second Appeal No. 193 of 198 I. The petitioner filed a title suit No. 97 of 1965 in the court of learned Munsiff, Dibrugarh. The suit is for ejectment of the respondent herein. on the following averments.

3. The plaintiff purchased the suit land from the original owner Mis Planters Stores Agency Ltd. on October 28, 1948. The father of the defendant was originally the tenant of Mis Planters Stores Agency paying an annual rent of Rs. 50 by putting up temporary structures on the suit land for residential purpose. After the purchase by the plaintiff, he continued as tenant accepting the plaintiff as a landlord. He defaulted in payment of the rent for a period from January I, 1962 to February 28,1965. He also sublet a part of the structure standing thereon to pro forma defendants 2-5. Besides, the plaintiff bona fide required the suit land for their use and occupation. A notice of ejectment was issued on January 8, 1965 calling upon the defendant to vacate and deliver the vacant possession. He did not do so. Hence the suit.

4. The original defendant Ramprit Ku