JUDGMENT :

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

1. Heard Ms. D. Barman, the learned counsel appearing on behalf of the petitioners and Mr. R. C. Sancheti, the learned counsel appearing on behalf of the respondent.

2. This is an application under Section 115 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 07.01.2021 passed in Title Appeal No.06/2008 passed by the Court of the District Judge, Bongaigaon whereby the appeal was dismissed and the judgment and decree dated 18.06.2008 passed in Title Suit No.02/2008 by the Court of the Civil Judge, Bongaigaon was affirmed.

3. At this stage, it is also relevant to take note of that the First Appellate Court during the pendency of the appeal have permitted the amendment of the plaint thereby to insert the ground of defaulter taking into account that during the pendency of the appeal, there was an allegation of default in payment of the rent. Vide the impugned judgment and decree, the First Appellate Court had also given finding to the effect that the petitioners herein were the defaulters in payment of rent.

4. Before entering into the facts of the case, it would be relevant to note that the Petitioner herein hav