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1993 Supreme(Gau) 82

S.N.PHUKAN
Kailash Singh – Appellant
Versus
Hiralal Dey – Respondent


Advocates Appeared:
T. C. Khatri and K. K. Bhatra, J. N. Sarka and R. C. Shamchetri

Judgement

This revision petition under S. 115 read with S. 151, CPC is by the tenant against the judgment and decree dated 9-12-86 of the first appellate court viz. Asstt. District Judge, Tezpur in Title Appeal No. 14 of 1983 dismissing the appeal by the present petitioner and up-holding the decree for ejectment passed by the learned Munsiff No. 2 Tezpur in Title Suit No. 9 of 1980.

2. There is no dispute that the present petitioner-defendant was a monthly tenant in respect of the suit premises at a monthly rent of Rs. 50/- plus Rs. 5/- per month as electric charge and the tenancy was according to English Calendar month. Plaintiff has alleged that the monthly rent of Rs. 55/- was payable on the 1st day of each following month according to English Calendar month. Plaintiff started a shop in the suit premises. According to plaintiff after April, 1979, the defendant did not pay any rent and became a defaulter. It has also been pleaded that the suit room is required by the plaintiff for his own use and occupation. Thereafter a notice of ejectment dated 27-12-79 was issued by the plaintiff on the defendant asking him to quit and vacate with effect from 1-2-80. The claim for arrears of re








































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