Order

   1. The challenge in this revision petition is to the maintainability of T.S. No. 4(H) 2012 filed by the respondent/plaintiff, who was the pro forma defendant in T.S. No. 5(H)2002 of the Court of Assistant District Judge, Shillong; and the relief sought for in the T.S. No. 4(H) 2012 are:-

(i) for declaration that the respondent/plaintiff is lawful tenant under the Shillong Muslim Union, represented by its Secretary EIDGAH, Laban, Shillong, plaintiff (present petitioner) of T.S. No. 5(H)2002;

(ii) for declaration that the judgment and decree dated 11.07.2005 passed in T.S. No. 5(H)2002 by the learned Assistant District Judge is void and is a nullity;

(iii) for a permanent injunction restraining the defendant (present petitioner) their agent, executor, administrator etc. from interfering, disturbing and forcefully dispossessing the plaintiff (present respondent) from the suit premises till she is evicted by due process of law;

(iv) for full cost of the suit; and

(v) any other relief/reliefs to which plaintiff is found entitled to under law.

2. Heard Mr. A.S. Siddiqui, learned counsel appearing for the petitioner and Mr. S. Sen, learned counsel appearing for the respondents.

3. The short fact leading to the filing of the present revision petition is briefly noted. The present petitioner has several properties including the suit property situated at Quinton Road, Shillong. The present petitioner is a Union registered under the Societies Registration Act and having registration No. SRTSMU-13/76 of 1976. The Union was established as far back as on 1905 for carrying out various social work for the benefits of public at large and Muslim community in particular living in the State of Meghalaya.

4. The petitioner-Union had constructed a Guest House known as “Muslim Union Guest House” mainly used for the benefits of the Muslim community and is also made available for sheltering people in distress. The Union also let out some of the rooms to tenants on monthly rent basis. In the year 1987, Room No. 1 of the said Guest House was let out to Mr. Rafatulla Khan. The respondent and her husband were temporarily accommodated in the said Room No. 1 of the Guest House on monthly rent basis. The respondent and her husband had been asked to vacate the possession of the said room i.e. the Room No. 1. The respondent and her husband failed to pay the rent of the said room and sometime in the month of December, 1989, the respondent and her husband had made an assurance that he (husband) would clear all the monthly rent from 1st June, 1990, if he does not vacate the room then he will pay the monthly rent of Rs. 900/- per month.

5. Ultimately, the present petitioner filed the T.S. No. 5(H)2002 against the present respondents Mrs. Laila Ryntathiang and her husband Mr. Rafatulla Khan for eviction from the said room i.e. Room No. 1 of the Guest House and also for the arrear of rents as permissible under the law till the date of filing the eviction suit and till the final decree is passed and cost of the suit and any other relief to which the petitioner/plaintiff is entitled to in law and equity in the Court of the Assistant District Judge at Shillong. A copy of the plaint of T.S. No. 5(H)2002 of the Court of Assistant District Judge at Shillong is available at Annexure-V to the present memo of revision petition.

6. On perusal of the plaint of T.S. No. 5 (H) 2002, it is clear that the present respondent is pro forma respondent No. 2 in T.S. No. 5(H)2002 and it is also pleaded in the plaint very clearly that the present respondent and her husband Mr. Rafatulla Khan were occupying the said Room No. 1 of the Guest House and also they had failed to pay the rent. The present respondent, who is the pro forma respondent No. 2 in T.S. No. S(H) 2002 for the reasons best known to her did not file her written statement in T.S. No. 5(H)2002. Her husband Shri Rafatulla Khan, the defendant No. 1 of T.S. No. 5(H)2002 filed the written statement and contested the suit. The defe

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