JUDGMENT :

DEVASHIS BARUAH, J.

1. This is the petition under Section 115 of the Code of Civil Procedure challenging the judgment and decree dated 10.04.2017 passed by the Court of Civil Judge, Dibrugarh, in Title Appeal No. 48/2011, whereby the judgment and decree dated 28.09.2011 passed by the Munsiff No. 1, Dibrugarh in Title Suit No. 150/06 was reversed.

2. The brief facts of the instant case is that the respondents herein filed a suit for ejectment of the defendant; for perpetual injunction, etc. The case of the plaintiff in the suit that he is the absolute owner of the plot land measuring 0 Bigha, 1 Katha, 10 Lechas covered by Dag No. 491 under P.P. Patta No. 62 situated at Kalibari, Dibrugarh town Mouza, Marwari Patty, P.O. and District Dibrugarh. Upon the said land, their stand a house covered by Holding No. 193 of Ward No. 9 and other properties. The plaintiff further case is that on 01.01.1995, the defendant came into occupation and possession of the house premises described in the schedule to the plaint on a monthly rent at the rate of Rs. 2,000/- per month, on the condition that the defendant would pay the house rent to the plaintiff within the 1st week of each succeeding E