JUDGMENT :

1. Heard Mr. P. K. Roy, the learned Senior counsel assisted by Ms. A. Chakraborty appearing on behalf of the Petitioner and Mr. S. Banik, the learned counsel appearing on behalf of the Respondents.

2. This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short “the Code”) challenging the judgment and decree dated 22.07.2008 passed in Title Appeal No.8/2004 whereby the appeal was dismissed thereby confirming to the judgment and decree dated 14.09.2004 passed by the Civil Judge (Junior Division) No.1 Tinsukia in Title Suit No.33/1989.

3. For the sake of convenience, the parties herein are referred to in the same status as they stood before the Trial Court. The case of the plaintiffs is that on 01.04.1965, the defendant came in occupation of the suit premises as a monthly tenant under the plaintiffs agreeing to pay monthly rent of Rs.50/-according to the English Calendar year. It was mentioned that the rent for the month was payable by the end of the month without any fail. It has been further alleged that the defendant failed to pay the monthly rent from the month of May, 1985 onwards and thus became a defaulter. Further to that, it was also alleg