This revision application has been filed by the tenant. A suit was filed being Title Suit No. 8 of 1985 before the learned Assistant District Judge, Karimganj. The suit was filed under the Assam Urban Areas Rent Control Act, 1972. The grounds for ejectment were as follows:

(i) Default in the payment of rent for the month of Phalgun and Chaitra.

(ii) Bonafide requirement of the plaintiff.

(iii) Subletting by the defendant to other persons. .

2. The learned trial Court on consideration of the materials on record dismissed the suit holding that there w as no default in the payment of rent and the plaintiff also failed to establish the plea of bonafide requirement as well as the plea of subletting.

3. There was an appeal being Title Appeal No.3 of 1988 and the learned

District Judge at Karimganj on consideration of the materials on record came to the following finding:

(i) That according to the Ext I, the rent was payable within 1st day of current month and as such the deposit of rent made in the Court vide Exts II and IIA are beyond the period prescribed by the section 5 (4) of the Assam Urban Areas Rent Control Act, 1972.

(ii) That before the deposit of rent in the Cour

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