I have heard Mr A.R. Banerjee, learned senior counsel assisted by Ms. B. Choudhury, learned counsel appearing for the petitioner. None appears for the respondents/opposite parties.

2. This revision petition is directed against the judgment and order dated 30.3.1996 passed by the learned Assistant District Judge, Dhubri in Title Appeal No. 23 of 1994 dismissing the appeal and thereby affirming the judgment dated 8.8.94 passed by the learned Munsiff No. 2, Dhubri in Title Suit No. 55 of 1986 by which the suit for eviction of the petitioner-defendant was decreed directing the defendant/petitioner to vacate the suit premises within a period of one month from the date of decree and thereafter the plaintiff/respondent to take Khas possession of the suit house.

3. The moot question involved in this revision petition is whether the defendant/ tenant is liable to be rejected without deciding as to when the rent becomes due for payment.

4. The facts, briefly stated, of the case are that the plaintiff/respondents being the owner of holding No. 139 in Ward No. II of Dhubri town, let out the said suit house to the defendant/petitioner on rent @ Rs. 120/- per month with the agreeme