Kiran Rani Nath vs Lakshmi Deb And 2 Ors
2021 Latest Caselaw 2681 Gua

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GAHC010119582019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : CRP(IO)/169/2019

            KIRAN RANI NATH
            WIFE OF SRI HIRENDRA KUMAR NATH, RESIDENT OF RADHA RAMAN
            SARANI, ITKHOLA, SILCHAR TOWN, PARGANA- BORAKPAR, P.O. AND P.S.
            SILCHAR, IN THE DISTRICT OF CACHAR, ASSAM, PIN- 788001.



            VERSUS

            LAKSHMI DEB AND 2 ORS.
            WIFE OF JYOTIRMOY DEB, RESIDENT OF RAHMAN PATTY, MALUGRAM,
            SILCHAR TOWN, P.O. AND P.S. SILCHAR, IN THE DISTRICT OF CACHAR,
            ASSAM. PIN- 788001.

            2:DEBAJYOTI DEB
             SON OF JYOTIRMOY DEB
             RESIDENT OF RAHMAN PATTY
             MALUGRAM
             SILCHAR TOWN
             P.O. AND P.S. SILCHAR
             IN THE DISTRICT OF CACHAR
            ASSAM. PIN- 788001.

            3:UMA DEB @ ANJELA DEB
            WIFE OF DEBAJYOTI DEB
             RESIDENT OF RAHMAN PATTY
             MALUGRAM
             SILCHAR TOWN
             P.O. AND P.S. SILCHAR
             IN THE DISTRICT OF CACHAR
            ASSAM. PIN- 788001

Advocate for the Petitioner   : MR. G C PHUKAN
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Advocate for the Respondent : MR. A C SARMA




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 02-11-2021

Heard Mr. K Gogoi, learned counsel for the petitioner as well as Mr. AC Sarma, learned senior counsel for the respondents.

2. This is an application under Article 227 of the Constitution of India, whereby, the petitioner had challenged the order dated 10.04.2019 passed by the Munsiff No.1, Cachar, Silchar in Title Suit No.119/2014 refusing the prayer for calling of the records of the rent deposit cases. For the purpose of disposal of the instant proceeding, the material facts are that the respondents herein as plaintiffs, have filed the suit for eviction of the defendant/petitioner herein and for recovery of arrear rent from October 2013 to January 2014 @ Rs.500/- per month i.e., Rs.4500/- only and compensation i.e., ¼ th of Rs. 4500/- i.e., Rs.1125/- only totaling to an amount of Rs.5625/- etc. It is the specific case of the respondents that in the suit the petitioner had made the last payment of rent on 23.10.2013 for the month of August and September 2013 and after that, in spite of request made by the respondents, the petitioner did not pay any rent since October 2013. The petitioner filed her written statement denying the allegation made in the plaint. It is the specific case of the petitioner that the petitioner had tendered rent to the respondents till May 2014 and when the petitioner wanted to tender her rent for the Page No.# 3/5

month of June 2014, the respondents herein refused to receive the rent and accordingly, the petitioner deposited the rent on 15.07.2014 by Misc(R/C) Case No.399/2014 in the Court of the Munsiff No.1 at Silchar, Cachar. At this stage, it may be relevant herein to mention that the suit was filed by the plaintiff on 31.07.2014 and the defendant filed her written statement in the month of October 2014. In the written statement filed by the petitioner it was also alleged that the petitioner had been depositing monthly rent in the Court under the provisions of the Assam Urban Areas Rent Control Act, 1972 for every month since June 2014 till the month when the written statement was filed after the refusal of the plaintiff/respondents herein to accept the same.

3. It is also brought to my attention that while filing the written statement the petitioner did not file the challan of payment of rent as well as the orders passed in the rent deposit cases till the date of filing of the written statement. Neither also there was any statement made in the written statement that the records of the rent deposit cases is required to be called for.

4. Pursuant to filing of the written statement, issues were framed and the evidence of the plaintiffs has already been closed. After the evidence of the plaintiffs has been closed, the petitioner filed an application calling for the records of as many as 45 rent deposit cases.

5. On a specific query made to the learned counsel for the respondent who are the plaintiffs in the suit, as to whether any application was filed bringing to the notice of the trial Court about non-payment of rent during the pendency of the suit, as is required in Page No.# 4/5

view of the judgment of this Court in the case of Sobha Biswas Vs. Ranjit Lodh reported in 2006 (1) GLT 479, it has also been submitted by the learned counsel for the respondents herein, that to his knowledge that there has been no such application being filed.

6. It is the trite principle of law that in a case where the landlord files a suit for eviction of the tenant, it is the tenant's burden to prove that he had discharged his obligation of payment of rent in terms of Section 5 of the Assam Urban Areas Rent Control Act, 1972. It is also the trite principle of law that the suit is required to be disposed of on the basis of the cause of action which arose as on the date of filing of the suit unless and until there has been any amendment carried out as permitted by the Court. Taking into consideration that the suit filed by the plaintiff (the respondents herein) on 31.07.2014 is that there has been no payment of rent since October 2013 and the case set up in the written statement filed by the petitioner to the effect that she had been paying the rent till May 2014 and for the month of June 2014, she deposited the rent on 15.07.2014 and she has been depositing the rent till the date of filing of the written statement every month, it would be in the interest of justice that without interfering with the order impugned in the proceedings to permit the petitioner to adduce evidence of payment of rent till the date of filing of her written statement by producing the certified copies of the order passed in the relevant rent deposit cases along with the copies of the challans evidencing payment.

7. The order dated 07.06.2017 stands modified in view of the above observations and the Court of the Munsiff No.1, Cachar, Silchar Page No.# 5/5

is directed to proceed with the disposal of the suit in accordance with law.

8. The petitioner who is the defendant in the suit is further directed to file her evidence on affidavit on or before 03.12.2021 along with the certified copies of the order passed in the relevant rent deposit cases (if any) as well as the challans evidencing payment of rent for the respective period (if any).

9. With the above observation, the instant petition stands disposed off. No costs.

JUDGE

Comparing Assistant