UNITED COMMERCIAL BANK Vs. M/S. REKHAB CHAND SOHANLAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 12.7.1984 and 3.8.1984 respectively passed by the Assistant District Judge, Tezpur in Title Suit No. 36 of 1978, decreeing the suit for eviction of the defendant.

(2.) THE respondent-plaintiff is the owner of Rekhab Chand Building at Tezpur Town. The defendant, the United Commercial Bank, is a tenant in a portion of that building under the plaintiff at a monthly rent of Rs. 3000/- payable on or before the 7th day of every month for the month immediately preceding. As per terms of the lease the landlord would be lawfully entitled to re-enter the premises and the lease would be determined in case of default of rent even for a period of one month. The allegation of the landlord -plaintiff was that the defendant failed to pay the rent for the month of January, February and March, 1978 within the fixed time and as such became a defaulter within Clause 5(1)(e) of the Assam Urban Area Rent Control Act, 1972 Thereupon, the plaintiff issued notices dated 26th and 28th July, 1978 to the defendant asking to vacate the premises on or before 31.8.1978 and terminated the tenancy with effect from 1.9.1978. The defendant did not comply to the notices and hence the plaintiff instituted the suit for eviction of the defendant and to recover arrear rent with interest and mesne profit.

(3.) THE trial Court framed 11 issues for decision of the suit. But the issues No. 9 and 11 were the main issues in the suit. They are :-