T. Vaiphei, J.

1. Both these revision petitions are directed against the judgment and order dated 21.2.2005 passed by the learned Addl. District Judge, Shillong, in RFA (TCA) No. 3(SH) of 2002 decreeing the suit filed by the respondent No. 1 by reversing the judgment and order dated 28.2.2002 passed by the learned Assistant District Judge, Shillong in Title Suit No. 10(H) of 1988. For the sake of convenience, I shall first take up CR(P) No. 3(SH) of 2005 and thereafter make an attempt to dispose of CR(P) No. 5(SH) of 2005 on the basis of my findings in the former case.

2. The material facts giving rise to the revision petitions are that the respondent No. 1 instituted Title Suit No. 10(SH) of 2002 before the learned Assistant District Judge against the petitioner and the respondent No. 2 for evicting them, their agents, employees, workmen and all others claiming through or under them from the suit premises described in Schedule to the plaint and for rent arrears, compensation and damages.

3. The case of the respondent No. 1 is that he rented out the suit room in the ground floor of his RCC building situate at Thana Road, Shillong to the respondent No. 2, who is his younger bro