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1972 Supreme(Gau) 72

BAHARUL ISLAM
Raja Ram Soni – Appellant
Versus
Krishna Prasad Singh – Respondent


Advocates Appeared:
J.P. Bhattacharjee and S.N. Medhi, B.C. Barua, M.K. Bhattacharjee

Judgement

This second appeal by the defendant is directed against a decree for eviction and arrear of rent and compensation passed by the Assistant District Judge, Jorhat, in Title Appeal No. 25 of 1970. The plaintiffs suit was for ejectment of defendant from holding No. 149 comprising two rooms in the Sibsagar Municipality and also for arrear of rent of Rs. 114/- for September and October, 1968.

2. The defendant, has filed a written statement and contested the suit. He pleads that he is a monthly tenant of the plaintiff in respect of the said holding at a monthly rent of Rs. 57/-. His defence is that as the plaintiff does not require the house bona fide, he is protected from eviction under the provisions of the Assam Urban Areas Rent Control Act.

3. The learned Munsiff framed as many as 7 issues and after trial decreed the suit for ejectment, arrear of rent with cost and also decreed future compensation. On appeal the judgment and decree of the Munsif were upheld by the Assistant District Judge. Hence this appeal.

4. Only two points have been urged before me by learned counsel for the appellant. His first contention is that the notice of eviction (Ext. 7) is not valid in law and he d



















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