Petitioner herein as plaintiff instituted Title Suit No. 102 of 2007 in the court of learned Munsiff No. 1 at Dibrugarh stating that defendant is a tenant with respect to two shop rooms described in the schedule to the plaint at monthly rental of Rs.200/- payable within the first week of every succeeding month as per English Calendar. The defendant was subsequently given another suit room and thus the rent was enhanced to Rs.800/- under the same condition. But defendant stopped paying rent after August 2004 and became a defaulter. The Plaintiff, therefore, prayed for eviction of the defendant on the ground of default along with a decree for realization of arrear rent to the tune of Rs.27,200/-. The suit house was described in the scheduled to the plaint as two rooms butted and bounded as follows:

North : Shop room of the landlord

South : House/room of the landlord

East : Passage

West : Pucca drain (one foot on the land of the Landlord)

2. On being summoned, the defendant appeared and not only filed written statement by denying the case of the plaintiff but also filed a counter claim praying for specific performance of contract alleging that plaintiff had received a sum of Rs.80,0