MIR ALFAZ ALI, J.

1. Heard Mr. D. Mozumder, learned senior counsel for the petitioner and Mr. K.N. Choudhury, learned senior counsel for the respondent.

2. This revision is directed against the judgment and decree dated 13.11.2007 passed by learned Addl. District Judge, Dibrugarh in Title Appeal No. 9/2014, whereby the appeal filed by the defendant against the judgment and decree dated 16.01.2014 passed by learned Munsiff No. 2, Dibrugarh, in Title Suit No. 78/2007(N) was dismissed and suit of the plaintiff was decreed.

3. As agreed by learned counsel for both the parties, this revision is taken up for disposal at the stage of admission.

4. The respondent instituted the T.S. No. 78/2007 under the Urban Areas Rent Control Act for ejectment of the defendant/appellant on the ground of defaulter. The defendant contested the suit denying all averments of the plaintiff. The defendant, however, in his written statement did not deny the relationship of landlord and tenant with the respondent/ plaintiff, though denied the factum of being defaulter. On the basis of the pleadings of the parties, learned trial court framed the following issues:-

(1) Whether the suit is maintainable in its