reuNgIeR Non’ UR Tarte sutr No.72/2013 SRE SENKU KALITA vs SRI DHRUBA BORAK AND OTHERS Assam Schedule VII Form No. 132 HIG T FORM. 2 HEADING OF JUDGMENT IN ORIGINAL SUIT / CASE DISTRICT: SONITPUR IN THE COURT OF THE MUNSIFF NO. 2, TEZPUR, SONITPUR Present: Uttam Chetri Saturday, the 21° day of February, 2015 ‘TETLE SUIT NO. 72 / 2013 Sri Sinku Kalita Son of Sri Pramod Kalita Resident of Village: Dekargaon, Mouza: Halleswar, P.O: Dekargaon, P.S: Tezpur, District: Sonitpur, Assam . Plaintiff -Versus- 1. Sri Dhruba Borah Son of Late K Borah, Resident of Village: Koulmouguri, P.O: Koulmouguri, P.S: Gohpur, District: Sonitpur, Assam 2. Sti Kamal Deka C.) Krishna Hyuindai, P.O; Nikamul, Mouza: Mahabhairab, P.< ‘Tezpur, District: Sonitpur, AssamSOUSIITS Mga TITLE SUIT No.72/2013 SRI SINKU KALITA vs SRE DHRUBA BORAH AND OTHERS 3. Smti Namita Deka, Wife of Sri Kamal Deka, C/O Krishna Hyuindai, P.O: Nikamul, Mouza: Mahabhairab, P.S: Tezpur, District: Sonitpur, Assam Defendants ‘The suit coming on for final hearing on 22" day of January, 2015 in the presence of: Sri S. Nath, Advocate for the Plaintiff AND Sri T.K, Maitra and Sri Nilakshya Sarma, Advocates for the defendants ‘And having stood for consideration to this day, this court delivers the following judgment. 1. This is a suit for declaration that plaintiff is the monthly and statutory tenant of the defendant in respect of the tenanted premises with consequential relief of temporary, perpetual and permanent injunction, PLAINTIFF'S PLEA 2. The plaintiff pleads that he took possession of the tenanted premises on 01.08.2010 on the basis of a verbal rent agreement dated 19.07.2010 for a period of 5 years commencing from 01.08.2010 and terminating on 31.07.2015, for running a boys hostel in the name’ and style of ‘Tisarani Boys Hostel’; that the monthly rent of the sald premises was fixed at Rs. 6000/- (Rupees six thousand) only which was to be paid on the Ist week of every succeeding English calendar 2TITLE SUIT NO.72/2013 “SRE SINKU KALITA vs SRI DHRUBA BORAH AND OTHERS month; that apart from the aforesaid monthly rent, the tenant was required to pay the electricity charges for the rented premises; that, accordingly, after paying advance rent of Rs 6000/- (Rupees six thousand) only for the tenanted premises and Rs 3000/- (Rupees three thousand) only for the electricity connection, the plaintiff took possession of the tenanted premises on 01.08.2010; that as per the verbally agreed terms no rent receipt was issued to the tenants; that as per the instruction of the defendant no. 1, the plaintiff deposited the monthly rent in the hands of defendant no. 2; that the tenant has been using the tenanted premises without making any default in payment of the monthly rent and without creating any hazard or nuisance to the defendants; that without any reason, the defendants/landlords asked the tenant/plaintiff to vacate the tenanted premises and on 22.06.2013, the defendants came to the tenanted premises with their men and agents and threatened the plaintiff to vacate the same by 28.06.2013; that as per the verbal agreement the tenancy was to commence on 01.08.2010 and terminate after 5 years on 31.07.2015; that the plaintiff has taken the tenanted premises ‘after complying with all the condition laid down by the defendants in the oral agreement; that under the aforesaid facts and circumstances, the tenancy right of the plaintiff in respect of the tenanted suit premises is invaded and threatened by the said defendants, as they are asking him to make alternative arrangement by shifting his business somewhere else in clear violation of the rules, and prays for declaring that the plaintiff is a subsisting statutory tenant from month to month under the defendants in respect of the tenanted suit premises with consequential relief of permanent injunction prohibiting the defendants and their men from evicting the plaintiff from the suit premises by use of force or in any manner until evicted in due course of law.