JUDGMENT :

1. Heard Mr. P.K. Roy Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. P.J. Saikia, the learned counsel appearing on behalf of the respondent.

2. This is a proceeding under section 115 of the Civil Procedure Code, 1908 challenging the judgment and decree dated 8.11.2019 passed in Title Appeal No. 10/2017 by the Court of the Civil Judge, Dibrugarh, whereby the suit filed by the plaintiff seeking eviction of the defendant was decreed.

3. Before embarking upon the merits of the case, it would be relevant to take note of that, that this is a proceeding under section 115 of the Code of Civil Procedure, whereby the revisional jurisdiction of this court has been invoked. It must be noted that the Revisionsal Court is not the 2nd Court of First Appeal and as such, the question of re-appreciating the evidence does not arise. What can be exercised in a proceeding, while exercising the revisional jurisdiction is to look into as to whether there has been an error in exercise of the jurisdiction and/or there has been any illegality or overlooking or ignoring the material evidence altogether, or the finding of the courts below suffers from perversity, or any s