RAMENDRA KR SINHA Vs. SOBHA RANI SINHA

JUDGEMENT

(1.) Heard Mr. B Sinha, learned counsel appearing for the appellant and Ms. R Devi, learned counsel appearing for the respondent.

(2.) Title Suit No. 5/2007 was instituted in the court of learned Deputy Commissioner, Haflong, North Cachar Hills (Dima Hasao) at Haflong. The said suit was filed by the respondent for eviction of the present appellant. In the plaint it is stated that the defendant/ appellant occupied the tenanted premises from 01.01.1987 at a monthly rent of Rs. 300/-. But he used to pay the rent at Rs. 200/- per month and that too irregularly. In this manner he paid rent upto December, 1992 at the rate of Rs. 200/- per month and from January, 1993 he paid Rs. 250/- per months upto December, 1996. In the month of December, 1996 he cleared up the balance of Rs. 14,050/- at the rate of Rs. 300/- per month. After vacation by the earlier tenant the present tenancy agreement was entered into with the present defendant/ appellant from 01.01.1987. A proposal was given on 07.08.2004 to the defendant/ appellant to clear up his arrear house rent and also proposed to sell the house in order to meet the expenses of his son's study. The defendant/ appellant offered a price of Rs. 80,000/- so far the land is concerned and another Rs. 60,000/- for the house occupied by the defendant/ appellant. But as per the pleading of the plaintiff/ respondent he was not interested to complete the sale transaction and vide notice dated 15.08.2004 asked the defendant/ appellant to vacate the tenanted premises within 30.09.2004 and clear up the balance outstanding of Rs. 28,600/- upto August, 2004. Subsequent thereto, the plaintiff/ respondent asked the appointed attorney to sell the land and the house. Even thereafter there were communications with the parties to this appeal but the defendant/appellant was negligent on his part to purchase the tenanted premises nor was he interested in paying the balance outstanding of the rent. Hence the suit claiming ejectment of the defendant/ appellant after delivery of the actual possession of the same and for realisation of Rs. 61,600/- as the arrear rent from April, 2001 to May, 2007.

(3.) The defendant/ appellant resisted the claim by filing his written statement denying the pleadings of the plaintiff/ respondent. However, in the written statement it is stated that the defendant/appellant was willing to pay the balance amount of Rs. 55,000/- for the sale transaction and as such seeking specific performance of the said agreement for sale a counter-claim was also filed.