SUBHASH MOHAN DEY Vs. SATYENDRA NATH BHOWAL AND ORS.

JUDGEMENT

(1.) THIS revision petition has arisen against the order dated 30.5.88 passed by the learned Assistant District Judge No. 2, Silchar in Misc Case No. 23/87 in Title Execution Case No. 4/75.

(2.) A long history have to be treated down to arrive at the decision raised in this revision petition. The predecessor in interest, father of the revision Petitioner Late Satindra Mohan Dev purchased jote right of a plot of land at the Central Road, Silchar measuring 3 Katha. 9 Chataks from the original tenant with the permanent structure standing thereon some time in the year 1938. The then landlord Late Surendra Nath Sen thereafter executed a lease deed with the father of the Petitioner on 25.9.39 in respect of the said land for a period of 27 years with the express right of the lessee to construct building thereon by removing the existing structure and to let out the building to a third party. The said lease stipulated a clause that in case, after expiry of the period of lease the lessee within 9 months of expiry, thereof would exercise option for renewal of the lease of the said land, the lessor would be bound to renew the lease for another 27 years at a rent to be fixed taking into consideration the existing land revenue and other charges on the land.

(3.) IN 1966 the judgment debtor Bibekananda Bhowal alongwith his two brothers, i.e. opposite party No. 1 and 2 in this petition, purchased the Maiki right of the entire leasehold land including the land on which the decretal premises is situated for a sum of Rs. 5001/ -. Judgment debtor Bibekananda Bhowal and the opposite party No. 1 and 2 filed. Title Suit No. 41/66 in the court of learned Assistant District Judge, Silchar for eviction of late S.M. Dev and his three sons on the ground that the leasehold right of the land expired after 27 years which they purchased after the expiry of the lease. During the pendency of the Title Suit No. 41/66 S.M. Dev died and his heirs and legal representatives were substituted. The suit was transferred to the court of learned District Judge which was registered as Title suit No. 5/72. By judgment and decree dated 31.7.73 the learned District Judge, Silchar decreed the suit of ejectment of the Defendants' heirs of late S.M. Dev. The Petitioner with other Defendants of Title suit No. 5/72 impugned the judgment and decree of learned District Judge in FA No. 458/73 and execution of the decree was stayed pending disposal of the appeal.