This revision petition is directed against the appellate judgment and decree dated 29.3.85 passed by the Assistant District Judge, Karimganj in Title Appeal No. 48 of 1983 dismissing the appeal and affirming the judgment and decree dated 10.3.88 passed by the Munsiff No.1, Karimganj in Title Suit No. 134 of 1980. The Munsiff decreed the suit.

2. Suranjan Deb - the predecessors-in-interest of the present petitioners was the first defendant in the trial Court. The first to third opposite party as plaintiff brought a suit in the Court of the Munsiff No.1, against said Suranjan Deb and fourth to sixth opposite party and Rajat Das, as defendants for their eviction from the suit property and also for recovery of Rs. 600/- from the first defendant with interest. The defendants appeared in the suit. Suranjan Deb as first defendant filed written statement denying the allegations. The second to fourth defendant filed written statement. Issues were framed by the trial Court. During the trial, the plaintiffs examined one witness and first defendant also examined one witness on his behalf. After conclusion of the trial the Munsiff decreed the suit on contest.

3. The first defendant preferred appeal (Title Appeal No. 48 of 1983) in the Court of the learned Assistant District Judge, Karimganj. The Assis­tant District Judge also dismissed the appeal on contest and affirmed the judgment and decree passed by the trial Court. Hence, the first defendant filed this revision petition before this Court.

4. During the pendency of this petition, the sole petitioner Suranjan Deb - the first defendant (hereinafter referred to deceased petitioner) died leaving behind his widow, sons and daughters. This Court by order dated 8.4.91 allowed the prayer for substitution and accordingly, the names of the present petitioners 1 to 7 were substituted in place of the deceased petitioner Suranjan Deb. The name of the seventh opposite party was struck off lateron.

5. The petitioners' case, inter alia, is that first to third opposite party filed the Tide Suit No. 134 of 1980, for eviction and for recovery of arrear rent and compensation against deceased petitioner and others, stating that the deceased petitioner was a tenant under them in respect of the suit premises on an arrangement to pay rent of Rs. 80/- per month and he paid rent upto Aswin 1386 B.S. and, therefore, did not pay the rent and became a defaulter. He also in violation of the terms of the tenancy, sublet different rooms to the fourth to sixth opposite party and Rajat Das. Besides, in the said suit, the plaintiffs also stated that the houses were in a dilapidated condition. Notices were served on the defendant to vacate the house. The defendants filed written statement and contested the suit. It was averred that Surendra Nath Deb, the father of the deceased petitioner was the original tenant under Fayaz Ali-the vendor of the first to third opposite party and Abdul Musabir Choudhury and he constructed two houses on the land with the permission of Fayaz Ali-the original owner. The suit property was thereafter purchased by the plain­tiffs and Abdul Musabir Choudhury. Surendra Nath Deb - the father of the deceased petitioner became the tenant under the purchasers in respect of the demised house. He was the absolute owner of two houses thus constr­ucted by him, After his death, the deceased petitioner alongwith his mother, brothers and sisters became owners of the said two houses and tenants in respect of demised house, let-out to Surendra Nath Deb. In the written statement the deceased petitioner took the ground that the suit was bad for non-joinder of Abdul Musabir Choudhury, one of the co-owners of the land and house and also for non-joinder of the mother, brothers and sisters of the deceased petitioner. On the death of the original tenant, i.e Surendra Nath Deb, the right, title and interest in respect of the house constructed by him devolved upon the deceased petitioner and his mother, brothers and sister

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