JUDGMENT :

Heard Mr. M.H. Ahmed, learned counsel appearing for the petitioners. Also heard Ms. B. Sarkar, the learned counsel representing the respondents.

2. This is an application under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India challenging the judgment and decree dated 27.02.2006 passed by the learned Civil Judge (Sr. Divn.), Bongaigaon in T.A. 02/2005.

3. Lt. Charu Bala Sarkar filed the Title Suit No.01/2004 in the court of Civil Judge (Jr. Divn.), Bongaigaon against Lt. Hari Saha for recovery of arrear rent in respect of a house and for his eviction therefrom.

4. Lt. Hari Saha contested the case by filing a written statement.

5. On the basis of the pleadings of the parties, the trial court framed the following issues.

I. Is there any cause of action for this suit?

II. Is the suit is maintainable?

III. Is this suit is barred by the law of limitation?

IV. Whether the defendant is a defaulter in payment of rent?

V. Is this suit is hit by the principles of estoppel, waiver and acquiescence?

VI. Whether the existing rent is Rs.400/- p.m.?

VII. Whether the plaintiff requires the tenanted premises for her own use and occupation?

VIII. Whether th