JUDGMENT :

1. Heard Mr. D.N. Bhattacharyya, learned counsel appearing on behalf of the petitioner and Mr. G.N. Sahewalla, learned senior counsel, assisted by Ms. B. Sarma, learned counsel for the respondents.

2. The predecessor in interest of the present petitioner, as plaintiff, instituted Title Suit No. 64/1985 in the court of learned Munsiff No. 1, Sivasagar for ejectment of the defendant-respondents from the plot of land measuring 2K situated in Nazira town and for realisation of arrear rent. The suit was under the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 (hereinafter referred to as ‘the Act’). The defendant-respondents filed written statement and thereafter the following issues were framed:

1. Is there any cause of action for the suit?

2. Whether (a) plaintiff's suit is barred by Limitation, (b) and the defendants acquired right title and interest in the suit land by way of adverse possession?

3. Whether there is the relationship of landlord and tenant between the plaintiff and defendants?

4. Whether the defendants are defaulter?

5. Whether the plaintiff is entitled to a decree as prayed for?

6. To what reliefs the parties are entitled?

7. Whether the suit is barred by esto