AMAL PRAVA MEDHI LEGAL HEIRES ON THE DEATH OF KESHAB CH MEDHI Vs. PRABHA MEDHI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 23.12.93 passed by the learned Assistant District Judge No. 2, Guwahati in Title Appeal No. 39/92. By the aforesaid judgment, the learned Judge dismissed the appeal and affirmed the judgment and decree dated 15.6.1992 passed by the Munsiff No. 1, Guwahati dismissing the Title Suit No. 9 of 1986. Hence, this appeal.

(2.) The following are the substantial questions of law: i) Whether the findings of the appellate Court that the plaintiff was not the owner of the suit property was correct in law when the suit property had been mentioned in Ext. 1 which was a document executed in favour of the plaintiffs father. ii) Whether in view of the admission made in the written statement in paragraph 18 to the effect: "That formerly, both the brothers i.e. Jairam and Arun lived together in the suit house during the life time of their father and later on in the year 1980 the father of the plaintiff purchased a plot of land at Sualkuchi and constructed his RCC house and shifted to the said house giving the suit house solely to the father of the defendant." The suit could have been dismissed.

(3.) The brief facts are as follows:- The plaintiff instituted Title Suit No. 9/ 1986 against the defendant for ejectment and for arrear house rent. The defendant took the suit house on rent of Rs.75/- per month from November, 1982. The defendant did not pay rent to the plaintiff and as such the plaintiff called a village meeting in May, 1984 where in arrear rent was paid to May, 1984. The defendant again defaulted in making the payment. It is further stated that the plaintiff required the suit house for the accommodation of his children who were studying in Sualkuchi college. The plaintiff served notice under Section 106 of the Transfer of Property Act and notice was duly served. Thus the tenancy was duly terminated by the end of the month of tenancy.