A suit for eviction of the petitioners was filed in 1970 by the opposite party describing himself as mutawalli of M. Safiullah Wakf Estate of Tinsukia. The mutawalli had to come forward as the property belonged to the aforesaid Wakf. Eviction was sought, inter alia, on the ground that the petitioners had defaulted in paying rent since the month of Feb., 1962, and that the suit property being in a "very miserable condition" needed reconstruction. The petitioners denied that the premises belonged to the aforesaid Wakf and that the plaintiff was a duly constituted mutawalli of the same. The averments relating to the petitioners being defaulters or that the premises were needed bona fide for reconstruction were also denied.

2. On the pleadings of the parties 9 (nine) issues were framed of which we are concerned with Issues Nos. 1, 2, 5 and 6 which read as below :-

"1. Whether the suit is maintainable ?

2. Whether the plaintiff has right to sue ?

5. Whether the defendants are defaulters in respect of rent for the suit premises ? If so what is the arrear ?

6. Whether the suit house are old and required reconstruction ?

During the trial, both the sides examined witnesses and exhibite