Ashok Bhushan, J. - (1.) This appeal has been filed by the appellant-tenant against the judgment dated 21.03.2013 of Gauhati High Court by which judgment Civil Revision Petition No. 380 of 2012 filed by the appellant against the judgment of the Appellate Court directing the eviction of the appellant had been dismissed.
(2.) Brief facts of the case necessary to be noted for deciding this appeal are: The appellant was the tenant since 1965 in respect of a Assam Type House and paying rent at the rate of Rs. 700/- per month. An agreement was entered into between the defendant-tenant and the plaintiff-landlord on 01.08.1988 by which it was agreed that the appellant shall pay an amount of Rs. 1,00,000/- in three installments to the respondent-landlord who proposed to construct a RCC building in place of Assam Type House. The appellant was to be given the shop after construction of room in his occupation. It was further agreed that monthly rent of the RCC shop room would be at the rate of Rs. 10/- per Sq. ft. The room proposed was 24ft. X 10ft. It was further agreed that the advance of Rs. 1,00,000/- shall be adjusted from the monthly rent at the rate of 50% and tenant shall pay to the landlord in cash, the balance rent of 50% till the aforesaid advance is adjusted in full. The construction of the shop room was completed in April, 1990.
(3.) The appellant obtained an order under 144 Cr.P.C. and was put in possession of the newly constructed RCC shop room in April, 1990. However, the appellant continued to pay rent at the rate of Rs. 700/- per month. From April, 1994, the appellant started depositing rent of Rs. 700/- per month in the court of Sadar Munsif No. 1 under the provisions of the Assam Urban Areas Rent Control Act, 1972(hereinafter referred to as '1972 Act') in a miscellaneous case.;