JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. R.C. Sancheti, the learned counsel appearing on behalf of the Petitioners and Mr. B.J. Mukherjee, the learned counsel appearing on behalf of the Respondents.

2. This is an application filed under Section 115 of the Code of Civil Procedure, 1908 (for short the “Code”) challenging the judgment and decree dated 22.09.2017 passed by the Court of the Civil Judge, Bongaigaon in Title Appeal No. 35/2010 whereby the appeal was allowed thereby setting aside the judgment and decree dated 05.08.2010 passed in Title Suit No. 2/2000.

3. The facts in brief are that the Petitioners as Plaintiffs have filed a suit before the Court of Munsiff at Bongaigaon which was registered and numbered as Title Suit No. 2/2000. A perusal of the plaint which was amended reveals that the Plaintiffs claims to be the owners of the room which have been described in the Schedule to the plaint. It has been further mentioned that the room which have been described in the Schedule to the plaint had fallen in the share of the Plaintiff No. 3. The Defendant No. 2 took the said suit room on rent for the purpose of carrying on a business of a shop. It has been mentioned that apart fro