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17. I have given due consideration to the submissions of the learned counsel. Section 5(1) of the Assam Urban Areas Rent Control Act, 1972(hereinafter referred to as the Act) stipulates that no order or decree for the recovery of possession of any house shall be made or executed by any court so long as tenant pays rent to the full extent. The proviso(e) of Section 5(1) however stipulates where the tenant has not paid the rent lawfully due from him in respect of the house within a fortnight of its falling due, then the said bar against passing an execution of decree does not come in the way for ejectment of the tenant from the tenanted premises. For the said reason in order to decide whether the rent is paid lawfully the due date must be decided by the court before holding a tenant defaulter and to Page No.# 11/18 remove the bar as hereinabove stated.

29. From the aforesaid discussions, I do not find any merit in this revision petition nor any jurisdictional error on the part of the courts below while deciding the suit and this revision Page No.# 18/18 petition stands dismissed however, without any cost.

30. The defendants petitioners are occupying the suit premises since long and as such in my opinion it would be proper to allow the defendants petitioners to remain in possession of the tenanted premises for a period of six months from today and during the said occupation the defendants petitioners shall pay the monthly rent as per the agreed terms. On expiry of six months from the date of passing the judgment in this revision petition, the defendants petitioners fail to vacate the tenanted premises, the plaintiff respondent shall initiate execution proceeding to eject the defendants petitioners.