A tenant is deemed a defaulter for failing to pay rent, and a security deposit does not exempt them from eviction under the Assam Urban Areas Rent Control Act.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. P.K. Deka, learned counsel for the appellant. Also heard Mr. S. Choudhury, learned counsel for the respondent.

2. This civil revision petition is directed against the judgment and decree passed on 24.05.2023 by the Court of the learned Munsiff No.2, Cachar, Silchar in Title Suit No. 25 of 2015, dismissing the suit of the plaintiff/appellant and decreeing the counter claim of the present petitioner/defendant.

3. The facts of the case may be briefly adverted to. The plaintiff/appellant is a monthly tenant under the defendant/respondent in respect of the shop room as described in the schedule of the plaint with effect from 01.04.2005 on execution of Tenancy Agreement for a period of 3 (three) years fixing monthly rent @ 3,400/-mentioning the terms and conditions thereon including the payment of Rs.50,000/- as interest free security deposit and advance rent of Rs.14,000/- with provision of adjustment thereof at the rate of Rs.500/- per month from the amount of monthly rent. By said tenancy agreement dated 04.04.2011 the period of tenancy granted by the defendant/respondent was for a period of 3 (three) years w.e.f. 04.04.2011 and monthly rent was fixed at Rs.4497/- and Rs.50,000/- as interest free security remained with the defendant/respondent and "further Rs.14,000/- was paid by the plaintiff/appellant to the defendant/respondent as advance rent With provision of adjustment thereof with the monthly" rent @ Rs.500/- per month. Such advance rent has already been adjusted and the security deposit amount of Rs.50,000/- as mentioned above still remains with the defendant/respondent.

It was also contended that the defendant always used" to come to the business place and residence of the plaintiff to collect monthly rent and issue receipt thereof and on 02.04.2014 the defendant came to the said premises of the plaintiff for the last time and collected rent for the month of March, 2014 from the plaintiff by issuing receipt. The defendant did not come to the business place or residential premises of the plaintiff in the month of May, 2014 for which the plaintiff talked with the defendant over phone as to make payment of rent for April, 2014 to which the defendant 3 expressed that he would collect the rent for the months of April, 2014 to September, 2014 at a time in 1st week of September, 2014 and also would get fresh Tenancy Agreement executed by and between them for another 3 years.

The plaintiff/appellant also contended that because of the long standing relationship in between him and the defendant/respondent, the plaintiff believed the defendant in good faith and made attempt to contract with the defendant for payment of the monthly rent of the said months and for execution of fresh tenancy agreement and ultimately talked with the defendant over phone on 08.08.2014. But surprisingly the defendant changed his stand and expressed that he would not accept any rent from the plaintiff and further he would not grant any further tenancy in favour of the plaintiff in respect of the suit schedule room. Under such circumstances the plaintiff was compelled to pay rents for all months with effect from September, 2014 to January, 2015 @ Rs.5173/- and advance rent for February to June, 2015 @ Rs.5173/- per month in view of the fact that always the defendant declined to accept such sum from the plaintiff in various rent deposit cases such as Misc. (R/C) Case No. 464 of 2014, Misc. (R/C) Case No.514 of 2014 and Misc. (R/C) Case No.70 of 2015 of the Court of Learned Munsiff No.1, Silchar. It was alleged that the defendant/r