(1.) This is an application under Section 115 of the Code of Civil Procedure (CPC) read with Article 227 of the Constitution of India against the judgment and decree dated 27.01.04 passed by the learned Addl. District Judge (Adhoc), Jorhat in Title Appeal No. 14/2001 dismissing the appeal and affirming the judgment and decree dated 15.03.2001 passed by the Civil Judge (Jr. Division) No. 1 Jorhat in Title Suit No. 60/96. The application has been filed by the defendants in the suit.
(2.) Shortly stated, the facts leading to the filing of the instant application are that the opposite parties as the plaintiffs filed the suit being Title Suit No. 34/92 in the Court of the learned Assistant District Judge, Jorhat for eviction of the defendants/petitioners from the house in Jorhat Town which was described in Schedule-B to the plaint. The plaintiffs also claimed Rs. 13,500/- as arrear of rent. The suit was subsequently transferred to the Court of the learned Civil Judge (Jr. Division) and the same was renumbered as Title Suit No. 60/96.
(3.) As per the facts narrated in the plaint, the case of the plaintiffs is that the suit house originally belonged to one Abu Naser Khairul Alam. On his death, the plaintiffs became the owner of the same by right of succession. The defendant No. 1 took the house in suit on monthly rent of Rs. 450/- from said Abu Naser Khairul Alam. Said Alam died on 05.11.89 who received the rent till September, 1989. Thereafter the defendants/petitioners paid the rent to the plaintiffs/opposite parties for the month of October, 1989. The defendant No. 1 inducted his son (defendant No. 2) to the house and left for Rajasthan allowing his son to stay in the house. Thus, the plaintiffs/ opposite parties claimed the defendant No. 2 to be outsider who had occupied the house unauthorizedly.