ABDUL MATIN CHOUDHURY Vs. NILYANANDA DUTTA BANIK

JUDGEMENT

(1.) This civil revision has been filed by the Landlord. A suit was filed being Title Suit No.230/85 in the Court of Munsiff No.1, Karirnganj for ejectment of the defendant/ respondent. The grounds of ejectment were as follows : i) That the tenant was defaulter in payment of rent for the month of Srabana, Bhadra and Aswin 1388 B.S. ii) That tke house in question is required bonafide for the purpose of construction and expansion of the business of the plaintiffs.

(2.) The defendant filed a written statement denying both the allegations. The Learned Munsiff by judgment dated 2.5.89 decreed the suit holding interalia as follows :

(3.) There was an appeal being Title Appeal No.46/89 before the Learned Asstt. District Judge at Karirnganj. The Learned Asstt. District Judge on consideration of materials on record came to the finding that the plea of bonafide requirement was not established. He also found that there was no clear norms of accepting the rent and the plaintiffs have taken rent for 2 months, 3 months; 4 months, or 6 months as and when required. He found that there was no fixed date of payment of rent and as such the deposit of rent in Court is valid in the eye of law. Regarding bonafide requirement, it was found that this plea was not established.