A.H. Saikia, J.

1. Heard Mr. H. Deka, learned Senior counsel assisted by Mr. M. Islam, learned Counsel for the Petitioners. Also heard Mr. A.K. Goswami, learned Senior counsel assisted by Mr. S. Banik, learned Counsel for the Respondent.

2. This revision petition under Section 115 read with Section 151 Code of Civil Procedure has been directed against the judgment and decree dated 28.11.2002 passed by learned Civil Judge (Sr. Division) No. 1, Silchar in T.A. No. 6/ 2002 dismissing the appeal and thereby affirming the judgment and decree dated 24.12.2001 and 7.1.2002 respectively passed by learned Civil Judge (Jr. Division), No. 1, Silchar in T.S. No. 7/98.

3. The moot question involved in this case as to whether the Defendant/Petitioners were defaulter though they paid their rent both for current month as well as for another five months in advance in the court by way of depositing the rent through non-judicial case being Misc. Case No. 607/95. Admittedly both the Courts below held that the Petitioners were defaulters.

4. The case of the Petitioners is that they, being the tenant under the Plaintiff/Respondent, were required to pay monthly rent of Rs. 110/- to the Respondent wit