Amitava Roy, J.

1. The petitioners-defendants/tenants challenge the judgment and order dated 12.1.2005 passed by the learned Civil Judge (Senior Division), Nagaon in Title Appeal No. 21/2003 affirming the judgment and decree dated 3.3.2003 passed by the learned Civil Judge (Junior Division No. 1), Nagaon in Title Suit No. 2/2000 thereby decreeing the suit for their ejectment from the premises involved.

2. I have heard Mr. B.K. Gowami, Senior Advocate assisted by Ms. T. Goswami, Advocate for the petitioners and Mr. A.K. Goswami, Senior Advocate assisted by Mr. A.K. Sharma, Advocate for the respondents. The pleaded versions of the parties ought to be noticed before evaluating the competing arguments.

3. The predecessor in interest of the respondent Nos. 1 to 4 i.e. Hemanta Kumar Barman (since deceased) and other respondents instituted the aforementioned suit against the petitioners as defendants praying for a decree inter alia for their ejectment from the suit premises described therein and for arrear rent of Rs. 16,710/- together with interest @ per annum. According to them, the petitioners were tenants under them at an yearly rent fixed at Rs. 5570/- being from 1st August to 3