I.A. Ansari, J.

1. Late Arunendu Kishore Gupta @ Arun Kumar Gupta, the predecessor-in-interest of the present Petitioners, instituted, as Plaintiff, Title Suit No. 179 of 1977, claiming himself to be the owner of the suit property and seeking a decree of eviction of the tenant, one Nirmalendu Chakraborty, on the ground that the said tenant was a defaulter in respect of payment of rent and that the said tenant had also sublet a part of the tenanted premises to one Swapan Saha, i.e., opposite party No. 1 herein. The suit having been decreed, the said tenant filed a title appeal, which gave rise to Title Appeal No. 2 of 1979, which was allowed, whereupon the predecessor-in-interest of the Petitioners instituted a suit against the said Nirmalendu Chakraborty in accordance with the provisions of the Assam Urban Areas Rent Control Act, 1972, for eviction of the said Nirmalendu Chakraborty. The suit gave rise to Title Suit No. 212/1979, which was decreed in favour of the Plaintiff and, in course of time, the same was put into execution in Title Execution Case No. 9/1980.

2. While the Execution Case No. 9/1980 was pending, the opposite party No. 1 herein, namely, Swapan Saha, institu