JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal arises from the final judgment and order dated 02.01.2014 passed by the Gauhati High Court at Guwahati in Civil Revision Petition No. 381 of 2002 whereby the High Court dismissed the Civil Revision Petition filed by the appellant herein.

3. In order to appreciate the short controversy involved in the appeal, it is necessary to set out the relevant facts hereinbelow.

4. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises.

5. The appellant (plaintiff) claiming to be the landlord of a shop situated in holding No.257 (old)/58 (new) at Tulapatty Silchar Town (hereinafter referred to as “suit premises”) filed a Civil Title Suit No.189/1977 against one Deo Chand Sarda (Respondent No.1) in the Court of Munsiff No.1 Cachar at Silchar. The suit was filed for claiming arrears of rent and eviction from the suit premises.

6. According to the appellant (plaintiff), respondent No.1 was the appellant’s tenant on a monthly rent. It was averred that respondent No.1 paid some money in advance to the appellant, which the appellant adjusted against the rent ending July 19