SUMAN SHYAM, J. - (1.) Heard Mr. S. Dutta, learned senior counsel assisted by Ms. N. Modi, learned counsel appearing for the petitioners. Also heard Mr. S.C. Keyal, learned counsel representing the respondents.
(2.) This revision petition is directed against the judgement and decree dated 16/09/2015 passed by the learned Civil Judge, Dibrugarh in Title Appeal No. 01/2012 dismissing the appeal filed by the petitioners/defendants against the judgement and decree dated 30/09/2011 passed by the learned Munsiff No.1, Dibrugarh in Title Suit No. 126/2006.
(3.) The brief factual background of the case is that the petitioner No. 1 had entered into possession in respect of the tenanted premises under the respondent/ plaintiff for the purpose of running an English Medium School therein. Initially i.e. on the commencement of the tenancy, the monthly rent was fixed at Rs. 1221/- and the tenancy had commenced w.e.f. 01/02/1980. However, subsequently, the rent was increased to Rs. 1500/- and thereafter upto Rs. 2,000/- per month w.e.f. 01/01/1983, pursuant where-to a written agreement was also entered into by and between the parties on 11/09/1983 laying down the terms and conditions of tenancy. Despite the agreement of tenancy entered into between the parties, according to the respondent /plaintiff, the petitioner No.1 defendant No. 1 was irregular in payment of monthly rent, as a result of which substantial amount of rent had become due and payable in respect of the tenanted premises. As such the plaintiff/respondent was compelled to institute a money suit No. 7/1992 for recovery of arrear rent amounting to Rs. 72,000/- corresponding to the period from the month of August, 1987 to January, 1992, leaving aside such portion of the arrear rent that stood barred by the Law of Limitation.;