PRASANTA KUMAR DEB Vs. GAURI SHANKAR PAU

JUDGEMENT

(1.) THE lis between the parties revolves within a narrow campus and the following questions are required to be answered in the instant revision petition, viz :-

(2.) THE instant revision petition arises out of the judgment and decree dated 21. 9. 2002 and 3. 10. 2002 respectively passed by the Civil Judge (Sr. Division), No. 1, Cachar, Silchar, in Title Appeal No. 6 of 1999, dismissing the appeal of the petitioner/defendant affirming the judgment and decree passed by the Civil Judge (Jr. Division), No. 4, Silchar, Cachar, in Title Suit No. 94 of 1993 on 11. 1. 1999 and 28. 1. 1999 respectively.

(3.) THE background of the case is that the plaintiff filed the suit being Title Suit No. 94 of 1998 before the learned Civil Judge, (Jr. Divn.), Silchar against the defendants contending inter alia therein, that the suit land was purchased by him from the vendor Shri Mujamil Ali Laskar on 8. 5. 1992, corresponding to 25. 1. 1399 B. S. by executing a registered sale deed wherein the defendants were the tenants under the aforesaid vendor at a monthly rent of Rs. 312. 50. After the purchase of the suit land, the purchaser i. e. the plaintiff issued a notice conveying the purchase of the suit land which the defendants had received on 20. 5. 1992. The defendants after receipt of the notice did not make any payment to the plaintiff as regards the rent agreed upon between Mujamil Ali Laskar and the father of the defendants with effect from 25. 1. 1399 B. S. to 31. 1. 1399 B. S. and for the months of Jaistha 1399 B. S. to Ashar 1400 B. S. and hence, the title suit was filed for khas possession of the premises described in the schedule of the plaint by ejecting the defendants and for a decree of arears of rent.