B.P. Katakey, J.

1. The defendant No. 2, Sri Nityananda Dutta, in Title Suit No. 13/2003 filed by Md. Anisul Haque, the opposite party/landlord, in the Court of the learned Civil Judge (Jr. Division) at Jorhat, (now Munsiff) praying for. his ejectment along with two other persons, namely Sri Rohini Dutta and Sri Ramen Dutta, from the suit house on the ground of default in payment of the monthly rent and also for the violation of the terms and conditions of the tenancy, has challenged the judgment and decree dated 02.07.2005 passed by the learned Civil Judge (Sr. Division), Jorhat (now Civil Judge) in Title Appeal No. 4/2005, whereby and whereunder the suit of the plaintiff/opposite party No. 1 herein, was decreed by setting aside the judgment and decree dated 18.10.2004 passed by the learned Civil Judge (Jr. Division), No. 1, Jorhat (now Munsiff) in the said suit.

2. The opposite party No. 1 herein as plaintiff, instituted Title Suit No. 13/2003 under the provisions of the Assam Urban Areas Rent Control Act, 1972 (in short, "The Act") in the Court of the learned Civil Judge (Jr. Division), No. 1 at Jorhat praying for eviction of Sri Rohini Dutta (proforma opposite party No. 2