JUGAL KISHORE AGARWALLA Vs. SMTI MAIKO BALA NATH AND OTHERS

JUDGEMENT

(1.) (Oral) - This revision petition is directed against the judgment and decree dated 23.5.91 passed by the District Judge, Goalpara in Title Appeal No. 27 of 1988 dismissing the appeal and affirming the judgment and decree dated 23.8.88 passed by the Munsiff No. l, Goalpara, in Title Suit No. 9 of 1986 decreeing the suit.

(2.) The first to third opposite party are the plaintiffs in the suit. The suit premises originally belonged to Baneswar Nath, the husband of the first opposite party and father of the second and third opposite party. The petitioner was a tenant under Baneswar Nath. Baneswar Nath died on 31.7.85 leaving behind the first to third opposite party as his heirs. After the death of the original landlord - Baneswar Nath, the petitioner attorned the first to third opposite party as his landlord. The opposite party, thereafter, instituted a suit in the Court of the Munsiff for eviction of the petitioner on the ground that the petitioner was a defaulter and the suit premises was required by them for their own use.

(3.) The petitioner as defendant entered appearance and filed written statement. In the written statement, he denied the averments made in the plaint that the rent was payable in the first week of every succeeding month. He also denied that the tenancy was according to English calendar month. His contention was that the tenancy was according to Bengali calendar month, and the rent was to be paid by him whenever the plaintiffs would come for collection. On the pleadings, issues were framed. After recording the evidence of the witnesses for the parties, Munsiff decreed the suit holding that the petitioner was a defaulter inasmuch as he failed to pay the rent due. The Munsiff also held that the suit premises was required by the plaintiffs-opposite party for starting their business.