LOHIA PROPERTIES PRIVATE LIMITED TINSUKIA DIBRUGARH ASSAM Vs. ATMARAM KUMAR
LAWS(SC)-1993-8-66
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on August 17,1993

Lohia Properties Private Limited Tinsukia Dibrugarh Assam Appellant
VERSUS
Atmaram Kumar Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The special leave petition is directed against the judgment of the Gauhati High court in Second Appeal No. 193 of 1981. The petitioner filed a title suit No. 97 of 1965 in the court of learned Munsiff, Dibrugarh. The suit is for ejectment of the respondent herein, on the following averments.
(3.) The plaintiff purchased the suit land from the original owner M/s Planters Stores Agency Ltd. on 28/10/1948. The father of the defendant was originally the tenant of M/s Planters Stores Agency paying an annual rent of Rs. 50. 00 by putting up temporary structures on the suit land for residential purpose. After the purchase by the plaintiff, he continued as tenant accepting the plaintiff as a landlord. He defaulted in payment of the rent for a period from 1/01/196 2/02/1965. He also sublet a part of the structure standing thereon to pro fonna defendants 2-5. Besides, the plaintiff bona fide required the suit land for their use andoccupation. A notice of ejectment was issued on 8/01/1965 calling upon the defendant to vacate and deliver the vacant possession. He did not a do so. Hence the suit.;


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