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1 T.S. No.286/2014 HIGH COURT FORM NO.(J)2 HEADING OF JUDGMENT IN ORIGINAL SUIT DISTRICT: KAMRUP (M) IN THE COURT OF THE MUNSIFF NO.1, KAMRUP (M), GUWAHATI Present: Sri Lakhinandan Pegu Munsiff no.1, Kamrup (M), Guwahati Friday, the 9 th day of September, 2016 T.S. No.286/2014 The Jute Corporation of India Limited Represented by the Regional Manager, Mr. Swapan kr. Dey, Regional Office, Asharam Road, Ulubari, Guwahati-7 ……………….Plaintiff -Versus- Sheikh Noor Zaman Son of- Late S.N. Mohammad Ulubari Bazar, Guwahati, P.S.-Paltan Bazar District- Kamrup(M), Assam ….……….Defendant This suit/case coming on for final hearing 26/08/2016 in the presence of— Mr. Dilip Choudhury----Learned Advocate for the Plaintiff. Typed by me Sri Lakhinandan Pegu Munsiff No.1 Kamrup(M), Guwahati

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Page 1: HIGH COURT FORM NO.(J)2 HEADING OF JUDGMENT IN …kamrupjudiciary.gov.in/sept-16 jdgmnt/9.9.16-m1-T.S. No.286-2014.pdf · District- Kamrup(M), Assam ... on enhancement of fair rent

1 T.S. No.286/2014

HIGH COURT FORM NO.(J)2

HEADING OF JUDGMENT IN ORIGINAL SUIT

DISTRICT: KAMRUP (M)

IN THE COURT OF THE MUNSIFF NO.1, KAMRUP (M), GUWAHATI

Present: Sri Lakhinandan Pegu

Munsiff no.1, Kamrup (M), Guwahati

Friday, the 9th day of September, 2016

T.S. No.286/2014

The Jute Corporation of India Limited

Represented by the Regional Manager,

Mr. Swapan kr. Dey, Regional Office,

Asharam Road, Ulubari, Guwahati-7

……………….Plaintiff

-Versus-

Sheikh Noor Zaman

Son of- Late S.N. Mohammad

Ulubari Bazar, Guwahati,

P.S.-Paltan Bazar

District- Kamrup(M), Assam

….……….Defendant

This suit/case coming on for final hearing 26/08/2016 in the presence of—

Mr. Dilip Choudhury----Learned Advocate for the Plaintiff.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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2 T.S. No.286/2014

Mr. Abdul Sahad---Learned Advocate for the defendant.

And having stood for consideration to this day, the court delivered the

following judgment:-

JU D G M E N T

A.NATURE OF THE SUIT:-

1. This is a suit for declaration that the plaintiff is tenant under the defendant

and for permanent injunction.

B.THE CASE OF THE PLAINTIFF IN A NUT-SHELL:-

2. The plaintiff is a Central Government owned Company. The Company is

nodal agency of the Government for protecting the interest of Jute grower and

executing the minimum support price operation. The plaintiff Company took a

house of the defendant on rent of which full description with identification is

given in the schedule of the plaint. The plaintiff and the defendant executed a

lease agreement on 26.08.2002 in respect of letting the schedule house

premises to the plaintiff. As per the said agreement the house rent is

Rs.8500/- per month for use and occupation of the schedule house by the

plaintiff for the Regional Office of the Jute Corporation of India Ltd. hereinafter

referred to as Company. The agreement describes that the rent is payable

within 10 days of following months of English Calendar year. The agreement

dated 26.08.02 was expired on 31.07.05. The plaintiff had an understanding

with the defendant to continue tenancy of the Corporation till its requirement

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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3 T.S. No.286/2014

on enhancement of fair rent as legally entitled by the defendant .Accordingly,

after expiry of the 1st lease agreement. The plaintiff being a bonafide tenant

under the defendant for the schedule house has been continuing its tenancy

for the use and occupation of the schedule house on execution of renewal

agreement after expiry of each renewal agreement. Although the 1st

agreement was executed on 26.08.02 yet, the tenancy of the plaintiff under

the defendant started with effect from 01.08.08 as per the agreement and its

terms expired on 31.07.05. Thereafter, another agreement was executed on

01.08.05 to 31.07.08 for an amount of Rs.9,775/- with an enhancement of

rent of Rs.1,995/- and total rent the plaintiff was paying from 01.08.08 till

31.07.11@ Rs.11,730/- per month. Thereafter, the next renewal agreement

was executed on 01.08.11 which continued to 31.07.14 with enhancement of

40% of the existing rent and an addition of Rs.4,692/- was made to the

existing rent which amount to Rs.16,422/- per month and which has been

being paid till date .The plaintiff executed last renewal agreement for the

tenure with effect from 01.08.2011 to 31.08.2014 with the increased rent of

Rs.16,422/- per month. But, before expiry of the lease agreement the

defendant issued letter on 31.12.2013 to the Regional Manager of the

Company and apprised that he wanted enhancement of rent at least Rs.16

peer Sq .ft. per month, if the Company is interested for renewal of the lease.

The defendant on several occasions wrote letters to the plaintiff company

apprising them about the enhancement of rent to at least Rs.16/- per Sq .ft.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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4 T.S. No.286/2014

per month, if the company is interested for renewal of the lease. While the

discussion to resolve the enhancement of rent issue was going on the

defendant had disconnected the electricity supply to the scheduled premises

of the Regional Office of the Company on 30.09.2014 without any prior

intimation. Therefore, the company’s Regional Office at Guwahati had no

option to report the matter to the police station for necessary action for

restoration of the electricity and an F.I.R was lodged on 30.09.2014 before

the Officer-in-Charge, Paltan Bazar Police Station ,Guwahati-8. The

defendant, thereafter , disconnected the water supply to the schedule

premises ,and inspite of earnest request made to the defendant he did not

restore both electricity and water supply. Then, on 9.10.14 , the plaintiff

company had to inform the paltan Bazar Police Station again for doing the

necessary action for restoration of the Water Supply. The plaintiff company

refused to pay the enhanced rent to the defendant and the decision of the

company Kolkata Head Office was communicated vide letter dated

3.11.2014 .The plaintiff company paid the rent for the month of August

,September and October ,2014 for an amount of Rs.49,266/-(Rupees Forty

nine thousand 2 hundred sixty six) only through a Cheque bearing No.846807

dated 3.11.14 State Bank of India ,South Guwahati Branch. But, the defendant

refused to accept the same. Accordingly, the plaintiff vide N.J Case

No.7198/2014 dated 5.11.14 the rent amounting Rs.48,266/- was deposited in

the court. Accordingly, unless the tenancy is determined lawfully by the decree

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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5 T.S. No.286/2014

of the court and the plaintiff is evicted from the premises through due process

of law, the plaintiff is entitled to continue its tenancy by being bonafide tenant

with all facilities which was provided by the defendant during the period since

1.08.2002 till the disconnection of the Electricity and Water Supply in the

month of September after issuance of notice to determine the tenancy.

C. THE PLAINTIFF’S PRAYER:-

(I).Decree for declaration that the plaintiff is bonafide tenant under the

defendant in respect of the Schedule Premises and that the plaintiff can not be

evicted without the procedure established by law.

(II).Decree that the plaintiff is entitled to enjoy all right ,privileges as tenant

as enjoyed till expiry of the Lease Agreement on 31.07.2014 and the

disconnection of electricity and Water Supply to the premises ,i.e, the Regional

Office of the Jute Corporation of India Ltd. is illegal which is permanently liable

to be restrained.

(III)Decree to restrain permanently the defendant from doing anything

contrary to the enjoyment and privileges conferred on the basis of the tenancy

in respect of the Schedule premises including restraining disconnection of the

Electricity and Water Supply during subsistence of tenancy in respect of the

Schedule premises.

(IV) Decree reserving the right to sue for compensation for the damage

caused due to the defendant’s illegal action.Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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6 T.S. No.286/2014

(V) Decree for the cost of the suit.

(VI) Any other relief/relief’s what the plaintiff is entitled to may be granted.

3. Summons has been issued against the defendant for his appearance before

the court. The defendant has appeared before the court after the receipt of

summons and contested the suit by filing written statement.

D.THE CASE OF THE DEFENDANT IN A NUT-SHEL:-

4. The defendant amongst other grounds as usual has averred that there is no

cause of action for institution of this suit, the suit is undervalued, the suit is

barred by the principles of estoppels, waiver and acquiescence. The defendant

has stated that the plaintiff and the defendant first executed a lease

agreement on 26.08.2002 in respect of suit schedule premises .It is admitted

that as per the said agreement the house rent was Rs.4.30 per Sq.ft. The total

rent is payable by the plaintiff to the defendant @ Rs.8500/- per month for

use and occupation of the schedule house by the plaintiff the agreement

provides modes of payment of rent within 10 days of following of English

Calendar month. The 1st agreement dated 26.08.02 expired on 31.07.05. The

plaintiff and the defendant renewed the lease agreement for another period

with effect from 01/08/2008 at agreed enhancement rent for the tenanted

schedule premises. After expiry of the 2nd lease agreement, the plaintiff and

the defendant executed another lease agreement with enhancement agreed

rent with effect from 01/08/2008 to 31/07/2011 for the schedule premises

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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7 T.S. No.286/2014

and thereafter the 3rd renewal of the lease agreement was effected from

01/08/2011 to 31/07/2014 on agreed enhancement rent for the schedule suit

premises. Thereafter, the defendant before expiry of the 3rd lease agreement

vide his letter dated 31/12/2003 and 17/01/2014 along with comparative rent

chart requested the plaintiff to get renewal of the lease agreement. The

plaintiff duly received the said letter of request addressed to the plaintiff. But,

the plaintiff did not pay any heed to such request. Thereafter vide his letter

addressed to the plaintiff the defendant asked to vacate the schedule premises

to the plaintiff on 25/04/2014 and 5/06/2014 in the event the plaintiff not

renewed the tenancy agreement so that other tenant could be accommodated

in place of plaintiff but the plaintiff has been occupying the scheduled

premises illegally after determination of lease agreement without renewal

even paying any compensations/rent.

5. Upon considering the pleadings of both the sides, the following issues have

been framed:-

E.ISSUES

1. Whether there is any cause of action for the suit?

2. Whether the suit is maintainable by the present form?

3. Whether the plaintiff is bonafide tenant under the defendant in respect of

the suit / schedule premise?

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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8 T.S. No.286/2014

4. Whether the plaintiff is entitled to a decree as prayed for?

5 . To what other relief /reliefs the plaintiff’s are entitled?

F. DISCUSSION, DECISION AND REASONS THEREOF:-

6. The plaintiff has examined as many as 3(three) witnesses to prove its

case. Their names are as given below:-

PW-1-Sri Swapan Kumar Dey

PW-2-Sri kiron Basumatary

PW-3-Sri Udhab Chandra Das

7. PW-1 has exhibited certain documents which are as given below:-

Exhibit-1:-The said Lease agreement for house rent executed on 01/08/2011.

Exhibit-2:-the letter dated 25/04/2014 of the defendant showing the same to

be Notice of vocation of premises.

Exhibit-3:-The letter dated 05/06/2014.

Exhibit-4 & 5:-the letter dated 29/08/2014 communicated to the defendant by

the Regional Office at Guwahati .

Exhibit-6:-The Bill cum Receipt served on 1/09/2014 upon the Regional

Manager of the Company .

Exhibit-7:- Copy of the notice dated 04/09/2014.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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9 T.S. No.286/2014

Exhibit-8 & 9:-Copy of the F.I.R dated 30/09/2014 and 9/10/14.

Exhibit -11 ,12,13,14,15,16,17,18,19 and 20:-The Treasury- Challan .

8. The aforesaid PW’S have been cross-examined by the defendant side at

length.

9. The defendant has examined as many as one witness to prove his case. His

name is as given below:-

DW-1:- Sheikh Noor Zaman

10. The DW1 has exhibited certain documents to prove his case which are as

given below:-

Exhibit-A & B :- Copies of letter dated 31/12/2013 &17/01/2014.

Exhibit- C & D:- Copies of notices dated 25/04/2014 and 05/06/2014.

Exhibit –E:- Copy of court’s notice.

Exhibit –F:- Copy of F.I.R lodged by DW-1 on 30/09/2014 at Paltan Bazar

Police Station.

11. DW-1 has been cross-examined by the plaintiff side at length.

Decision on Issue no.1:- Whether there is any cause of action for the

suit?

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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10 T.S. No.286/2014

12. The term “cause of action” denotes nothing but a right to sue. Simply

speaking, it means whether the plaint discloses the existence of any right and

any infringement thereof so as to enable the plaintiff to bring a suit for

adjudication of his right. In other words, cause of action is a bundle of facts

which a party has to prove to get judgment in his favour.

13. The plaintiff Company in its plaint has pleaded that the plaintiff company

is the lawful tenant under the defendant. It is also pleaded that the tenancy is

a month to month and the plaintiff company was regularly paying rent to the

defendant. But, the defendant arbitrarily enhanced the rent to the tune of

Rs.25,714/- in place of the existing rent of Rs.16,422/- which is illegal and not

sustainable under the provisions of Assam Urban Areas Rent Control Act ,

1972.It is also pleaded that while the discussion was going on regarding

fixation of proper house rent, the defendant disconnected the electricity and

water supply to the tenanted premises. It is further pleaded that the plaintiff

company presented the rent for the month of August, September and October

2014 for an amount of Rs.49,266/-(Rupees Forty nine thousand two hundred

sixty six) only through a Cheque bearing No.846807 dated 3/11/2014 State

Bank of India, South Guwahati Branch. But, the defendant refused to accept

the same. It is stated that the scheduled premises was provided with the

Electricity and water supply ,but raising the rent dispute the defendant has

taken shelter of the illegal action to oust the plaintiff company from its

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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11 T.S. No.286/2014

occupation of the schedule premises in respect of which the company is a

bonafide tenant.

14. On the other hand, the defendant has pleaded that as per the settled

terms and conditions the period of tenancy in respect of the suit premises

comes to an end on 31/07/2014.The defendant requested the plaintiff to

renew the tenancy agreement with enhanced rent and modified terms and

conditions in view of increasing price index. But the plaintiff inspite of

receiving letters of request for renewal remain silent. It is also pleaded that

the plaintiffs being defaulter in respect of monthly rent to the defendant and

even continuance of illegal occupation the premises after determination of

lease agreement in respect of suit premises can’t claim any tenancy right for

not having either legal right or character.

15. It, thus, appears that the plaintiff has pleaded a bundle of facts which are

opposed by the defendants. The plaintiff has to prove all those facts to secure

a judgment in his favour.

16. Hence, I answer and decide the issue in affirmative.

Decision:- There is a cause of action for the suit.

Decision on issue no.2:- Whether the suit is maintainable by the

present form?

17. There is no specific plea as to why the suit is not maintainable.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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12 T.S. No.286/2014

18. In absence of any specific plea, this issue has been decided in affirmative

and in favour of the plaint .

Decision:- The suit is maintainable in its present form .

Decision on issue no.3:- Whether the plaintiff is bonafide tenant

under the defendant in respect of the suit / scheduled premise?

19. The plaintiff in the plain as well as evidence on affidavit has stated that

the plaintiff company and the defendant executed a lease agreement on

26/08/2002 in respect of letting the scheduled house premises to the plaintiff.

As per the said agreement the house rent is Rs.4.30 per Sq.ft. The total rent is

payable by the plaintiff to the defendant at the rate of Rs.8,500/- per month

for use and occupation of the scheduled house by the plaintiff for the Regional

Office of the Jute Corporation of India Limited .The agreement describes that

the rent is payable within 10 days of following months of English Calendar

year. The said house rent agreement dated 26/08/02 was expired on

31/07/05. The plaintiff had an understanding with the defendant to continue

tenancy of the Corporation till it is required by the plaintiff company and the

same shall be subject to enhancement with fair rent as legally entitled by the

defendant. Accordingly, after expiry of the lease agreement, the plaintiff being

a bonafide tenant under the defendant for the scheduled house has been

continuing its tenancy for the use and occupation of the scheduled house on

execution of renewal agreement after expiry of each such rent agreement.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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13 T.S. No.286/2014

Although, the 1st agreement was executed on 26/08/02 yet, the tenancy of the

plaintiff under the defendant started with effect from 01/08/08 as per the

agreement and its terms expired on 31/07/05. Thereafter, another agreement

was executed of which tenure was with effect from 01/08/05 to 31/07/08 and

rent was enhanced with addition of Rs.1,275/-. The plaintiff was paying

monthly rent amounting Rs.9,775/- with effect from 01/08/05 to 31/07/08 .

Thereafter , next renewal house rent agreement was executed with the tenure

with effect from 01/08/08 to 31/07/11 with an enhancement of rent of Rs.

1,995/- and total rent the plaintiff paying @ Rs.11,730/- per month with effect

from 01/08/08 till 31/07/11. Thereafter, the next renewal agreement was

executed on 01/08/11 which continued 31/07/14 with enhancement of 40% of

the existing rent and an addition of Rs. 4,692/- was made to the existing rent

which amounts to Rs.16,422/- per month and which the plaintiff company has

been paying. The plaintiff executed last renewal agreement for the tenure with

effect from 01/08/2011 to 31/07/2014 with the increased house rent Rs.

16,422/- per month. The plaintiff company used to pay the rent within

fortnight of the following month as per the English Calendar month as per said

house agreement, i.e Exhibit-1. Hence, it reveals that the tenancy agreement

expired on 31/07/2014. It also appears that after the expiry of the tenancy

agreement, this instant suit has been filed. Therefore, on the date of filing the

suit the plaintiff does not have a legal character to be declared as the bona

fide tenant of the defendant. PW-2 in his cross-examination has deposed that

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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14 T.S. No.286/2014

he does not know about the terms and conditions of the tenancy agreement

between the parties. But, in para No.8 of the evidence-in-Chief, the PW-2 has

deposed that the statement made in paragraph 1 to 8 of the evidence on

affidavit are true to his knowledge and belief. And as such PW-2 is not a

reliable witness.PW-1 in his cross- examination has deposed that after

31/07/2014 there is no tenancy agreement between the plaintiff and the

defendant.PW-1 in his cross-examination has further deposed that it is true

that prior to expiry of the fourth tenancy agreement, the defendant issued two

notices for fixing /enhancing the rent in respect of the suit /tenanted

premises. In his cross-examination PW-1 has deposed that subsequent to

these notices the defendant issued several notices asking the plaintiff

company for the renewal of the tenancy agreement with enhancement of rent

and modified terms and conditions. Hence, the plaintiff has admitted that after

31/07/2014 there is no tenancy agreement between the parties and the

plaintiff company did not reply to the notices issued by the defendant. PW-1 in

his cross-examination has further deposed that at present they are depositing

the rent in respect of the tenanted premises in court. Exhibit -11 shows that

they have paid the rent on 24/11/2014 for the month of August, September

and October 2014 together on the same rate of rent which they used to pay

prior to 31/07/2014. PW-1 in his cross- examination has deposed that it is true

that there is no mention in the challan/exhibit-11 that they paid the Electricity

Service consumed by them. It is also deposed that they deposited the rent for

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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15 T.S. No.286/2014

the month of April,2015 in the court on 11/05/2015.It is also deposed that

they deposited the rent for the month of November 2014, December

2014,January 2015,February ,March, April, May ,June and July 2015 at the

rate of last tenancy agreement without there being any fresh tenancy

agreement.PW-1 in his cross-examination has also deposed that it is true that

they did not submit any document to prove that they had paid the Electricity

charges regularly either to the defendant or to the Electricity Department

concerned. PW-1 in his examination in chief has deposed that the defendant

inspite of receiving the letter that is exhibit 5 served a bill cum receipt on

1/9/2014 upon the Regional Manager by imposing unilaterally Rs. 25,714/- as

house rent for the month of August, 2014 and Electricity Charge Rs.1842.80.

But, PW-1 in his cross- examination has deposed that as mentioned in para

No.7 of the written evidence a bill cum receipt (Marked as exhibit-6) was

issued except the signature of the defendant as well as issue date. PW-1 in his

cross-examination has further deposed that as per exhibit -6 , they have not

paid any amount to the defendant. PW-1 in his cross –examination has

deposed that it is true that they have been paying the rent in the court

without any information /communication /instruction as regard to the suit

land.

20. Upon appreciating the evidence available on record, this court has come

to the conclusion that the plaintiff is not a bonafide tenant under the

defendant .The tenancy agreement expired on 31/07/2014. The plaintiff does

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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16 T.S. No.286/2014

not have a legal character to be declared as the bonafide tenant of the

defendant. The plaintiff has pleaded that the defendant sent a bill cum receipt

to them for the payment of rent. But, the plaintiff has failed to prove that the

bill cum receipt was issued by the defendant as it does not bear the signature

of the defendant as well as issue date. Furthermore, the plaintiff did not paid

the rent despite of issuance of bill cum receipt to the plaintiff company.

21. The learned counsel for the defendant has placed reliance upon a

judgment passed by the Hon’ble Supreme Court of India in C.Albert Morris

vs. K.Chandra sekaran & Ors. As reported in 2005 STPL(LE)35113SC

where in the Hon’ble Supreme Court of India has held that mere acceptance of

rent by the landlord from the tenant in possession after the lease has been

determined either by efflux of time or by time or by notice to quite would not

create a tenancy so as to confer the erstwhile tenant the status of a tenant or

a right to be in possession.

22. Exhibit -11 shows that they paid the rent on 24/11/2014 for the month of

August, September and October 2014 together on the same rate of rent which

they used to pay prior to 31/07/2014 which reveals that the rent was not

deposited in accordance with the mandate as stipulated in section 5 (4) of the

Assam Urban Areas Rent Control Act,1972.The section 5(4) of the Assam

Urban Areas Rent Control Act,1972 provides as follows:-

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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17 T.S. No.286/2014

“Where the landlord refuses to accept the lawful rent offered by

his tenant, the tenant may, within a forth night of its becoming due,

deposit in court the amount of such rent together with process fees

for service of notice upon the landlord, and on receiving such

deposit, the court shall cause a notice of the receipt of such deposit

to be served on the landlord, and the amount of the deposit may

thereafter be withdrawn by the landlord on application made by him

to the court in that behalf. A tenant who has made such deposit shall

not be treated as a defaulter under clause (e) of the proviso to sub-

section (1) of this section.”

23. As per the aforesaid provision of law, the rent is to be deposited within

the forth night of its becoming due but in the instant case in hand the plaintiff

deposited the rent in the court for the month of August, September and

October, 2014 on 24/11/2014 and as such the deposit of rent is not in

accordance with the aforesaid provision of law. The rent for the month of

August shall be deposited in the month of September within the forth night of

its becoming due. It is settled principle of law that once a defaulter is always

a defaulter. The plaintiff did not pay the rent as per the provision of law and as

such the plaintiff is defaulter in payment of rent. The rent also includes

electricity charges but there is no proof that the plaintiff paid the electricity

charges. PW-1 in his cross-examination has also deposed that it is true that

they did not submit any document to prove that they had paid the Electricity

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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18 T.S. No.286/2014

charges regularly either to the defendant or to the Electricity Department

concerned.

24. In view of the discussion made herein above, it is held that the plaintiff is

not the bonafide tenant under the defendant in respect of the suit/scheduled

premise.

25. The issue is decided in negative and against the plaintiff.

Decision:-The plaintiff is not the bonafide tenant under the defendant in

respect of the suit/scheduled premise.

Decision on issue no.4:-Whether the plaintiff is entitled to a decree

as prayed for?

Decision on issue no.5:-To what other relief /reliefs the plaintiff’s are

entitled?

26. In view of the decision made in the issue no.3, it is held that the plaintiff

is not entitled to any relief as prayed for.

27. Hence, the both the issues are decided in negative and against the

plaintiff.

Decision:- The plaintiff is not entitled to any relief as prayed for.

G. ORDER

28. In result, the suit of the plaintiff is dismissed on contest with cost.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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19 T.S. No.286/2014

29. Draw up a decree accordingly.

30. Given under my hand and seal of this court on this 9th day of September,

2016.

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup (M), Guwahati.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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20 T.S. No.286/2014

Appendix

Plaintiff’s Witness:

PW-1-Sri Swapan Kumar Dey

PW-2-Sri kiron Basumatary

PW-3-Sri Udhab Chandra Das

Defendants’ Witness:

DW-1:- Sheikh Noor Zaman

Plaintiff’s Exhibits:

Exhibit-1:-The said Lease agreement for house rent executed on

01/08/2011.

Exhibit-2:-the letter dated 25/04/2014 of the defendant showing the same to

be Notice of vocation of premises.

Exhibit-3:-The letter dated 05/06/2014.

Exhibit-4 & 5:-the letter dated 29/08/2014 communicated to the defendant

by the Regional Office at Guwahati .

Exhibit-6:-The Bill cum Receipt served on 1/09/2014 upon the Regional

Manager of the Company .

Exhibit-7:- Copy of the notice dated 04/09/2014.

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati

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21 T.S. No.286/2014

Exhibit-8 & 9:-Copy of the F.I.R dated 30/09/2014 and 9/10/14.

Exhibit -11 ,12,13,14,15,16,17,18,19 and 20:-The Treasury- Challan .

Defendants’ Exhibits:

Exhibit-A & B :- Copies of letter dated 31/12/2013 &17/01/2014.

Exhibit- C & D:- Copies of notices dated 25/04/2014 and 05/06/2014.

Exhibit –E:- Copy of court’s notice.

Exhibit–F:-Copy of F.I.R lodged by DW-1 on 30/09/2014 at Paltan Bazar

Police Station.

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup (M), Guwahati

Typed by me

Sri Lakhinandan Pegu

Munsiff No.1

Kamrup(M), Guwahati