The petitioner has impugned the judgment and decree dated 25.3.89 passed in Title Appeal No. 22 of 1987 by the learned Assistant District Judge, Jorhat affirming the judgment and decree passed in Title Suit No. 48 of 1984 by the learned Munsiff No. 1, Jorhat.

2. The plaintiff opposite parties-the landlords instituted Title Suit Suit No.48 of 1984 for ejectment of the defendant-petitioners from the suit premises. Admittedly, the tenancy is governed by the provisions of the Assam Urban Areas Control Act, 1972. The plaintiffs sought ejectment of the defendant petitioners on the grounds that (i) defendants defaulted in payment of monthly rent and (ii) the suit premises was bonafide required by the plaintiffs. In para 4 of the plaint it has been stated that at the time of letting out the house, the plaintiffs with their family members were staying in different places and that for the growing numbers of family, more particularly for the education of their children, the suit premises was bonafide required. In para 5 of the plaint, plaintiff stated that defendants were also not paying monthly rent regularly and, as such, they were also defaulters.

3. Defendants contested the suit and denied

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