IMPORTANT POINT
The court affirmed that a landlord's bonafide requirement for premises is valid, and the tenant's irregular rent payments constitute default.

JUDGMENT :

Heard Mr. P.J. Saikia, learned Senior counsel assisted by Mr. R.S. Mishra, learned counsel for the petitioner and also heard Mr. J. Patowary, learned counsel for the respondent.

2. This revision petition, under Section 115, read with Section 151 of the Code of Civil Procedure, is directed against the judgment and decree dated 03.02.2018 passed by the learned Civil Judge, Dibrugarh (herein after first appellate court), in Title Appeal No.2/2016. It is to be noted here that vide impugned judgment and decree dated 03.02.2018, the learned First Appellate Court has affirmed the judgment and decree dated 26.11.2015 passed by the learned Munsiff No.2, Dibrugarh, in Title Suit No.40/2006. It is also to be noted here that vide impugned judgment and decree dated 26.11.2015, the learned Munsiff No.2, Dibrugarh, has decreed the suit by directing the petitioner herein to vacate the suit premises on the ground of defaulter and bonafide requirement.

3. The back grounds facts leading to filing of the present revision petition is briefly stated as under:-

“The respondent herein as plaintiff instituted a title suit, being Title Suit No.40/2006, arraying the petitioner herein as defendant praying for khas possession of the suit premises by evicting the petitioner/defendant and recovery of arrear rent, mesne profit, cost of the suit, etc. The respondent/plaintiff rented the suit premises to the petitioner/defendant as monthly tenant w.e.f. 01.12.1973, under the tenancy agreement dated 22.11.1973, for using the suit premises as residential quarter and as per the tenancy agreement, monthly rent for the suit premises was fixed at Rs.150/- per month payable by 15th day of each succeeding month.

The suit premises is a C.I. sheet roofed pucca house, consisting of six rooms with kitchen and bathroom standing on the part of the land covered by Dag No.27(Part), P.P. No.66 of Dibrugarh and part of Municipality Holding No.3(New)/325 (Old). Thereafter, the petitioner herein failed to comply with the terms and conditions of monthly tenancy and becomes irregular in payment of rent and as such, he becomes a defaulter and he also failed and refused to abide by his own amicable agreement to raise the monthly rent to Rs.450/- per month since the month of January, 2000. Thereafter, in the month of April, 2004, he illegally extended the suit premises without the knowledge and consent of the respondent herein and raised a RCC structure with a water tank and in spite of reminder from the respondent herein, the petitioner continued to be a defaulter in payment of rent and also refused to remove the illegal construction and up to the month of April, 2006, he has an outstanding rent amounting to Rs.7,700/-. Thereafter, the respondent herein requires the suit premises for its own use as bonafide requirement for expansion of its own business and therefore, the respondent herein has instituted the Title Suit No.40/2006, before the Court of learned Munsiff, Dibrugarh. In the said suit, the petitioner herein had filed written statement stating that the suit is barred by the law of limitation as the lease was terminated in the year 1980 and he came to occupy the suit premises agreeing to pay the rent by 15th day of succeeding month, but since the very inception of the tenancy he is paying rent as per his convenience and suitably, sometimes for several months together in lump sum, which the respondent herein always accepted without any claim and objection and that the petitioner is an electrical supervisor and he rendered his services to the respondent herein from time to time against charges to be paid or adjusted against the rent due and since the date of termination of the tenancy on 01.08.1980, the petitioner is occupying the suit premises as trespasser and not as a tenant and that the respondent herein unilaterally increased the monthly rent from Rs.350/- to Rs.450/- per month and claiming falsely arrear rent of Rs.100/- per month by adjusting the rent paid by the pe