Kalyan Rai Surana, J.

Heard Mr. G. N. Sahewalla, learned senior counsel assisted by Mr. P. Deka, learned counsel for the petitioner as well as Mr. A. Ganguly, learned counsel appearing for the respondent.

2. By this application under Section 115 CPC, the petitioner has challenged the concrete finding of the learned First Appellate Court, thereby decreeing the suit for eviction and arrear of rent against the petitioner-dependant and thereby reversing the judgment and decree passed by the learned Trial Court in the suit.

3. The respondent herein is the plaintiff in T. S. No. 31/2001. As per the plaint, the respondent had a steel and iron material manufacturing factory under the name and style of M/s Assam Udyog Company, situated at Mancotta Road, Dibrugarh, under Municipal Holding No. 246 of Ward No.16 of Dibrugarh Municipality, Dibrugarh standing on land measuring 8 Bigha 4 Katha 6 Lecha covered by Dag No. 72 (Ka) and 72 (Kha) of PP No. 7 of Rehabari Ward, Dibrugarh Town Mouza Dibrugarh.

4. Due to unavoidable circumstances, the said factory was closed in the year 1997 and the suit premises was kept in locked condition. On 31.03.2001 when the respondent visited the factory prem