1. The concurrent findings of the learned two Courts below holding the present petitioner a defaulter in a proceeding under Section 5 of the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as ‘the Act’) has been called in question in the present revision petition. The learned Munsiff No.1, Cachar at Silchar decreed Title Suit No.65/2008 of his Court ex parte against the sole defendant refusing to consider the written statement belatedly filed and an appeal preferred there-against being Title Appeal No.23/2010 in the Court of learned Civil Judge No.1, Cacahr at Silchar stood also dismissed by the judgment and decree dated 23.05.2011. Aggrieved, the tenant has approached this Court challenging both the judgments and decrees passed by the learned Courts below.

2. To understand the respective cases of both sides it is necessary to narrate the brief facts at the beginning. Opposite party herein as plaintiff instituted Title Suit No.65/2008 in the Court of learned Munsiff No.1, Cachar at Silchar stating that the petitioner herein, the defendant in that suit, was a tenant under him with respect to the suit premises described in Schedule-2 to the plaint at a mont