DHARMA OJA Vs. NANDA RAM OJA

JUDGEMENT

(1.) THIS appeal has been preferred against the order of learned Single Judge dismissing the writ petition i.e. WP(C) No.1941 of 2001, which was preferred against the order of civil Court holding the same as not maintainable.

(2.) THE appellant is a tenant under the respondent who filed a suit for eviction of the appellant under the provisions of Section 5 of the Assam Urban Areas Rent Control Act, 1972. This aspect was considered under issue No.2 and the learned Civil Court held that the appellant was a defaulter on account of non-payment of rent. Accordingly, the decree for eviction was granted in favour of the respondent. THE said decree was affirmed in appeal by the learned Civil Judge exercising powers of appellate Court under Section 8 of the Act. Aggrieved thereby, the appellant filed the writ petition in this Court under Article 226 of the Constitution of India.

(3.) LEARNED counsel for the appellant submits that the writ petition was maintainable as the Court exercising jurisdiction under the provisions of the Act was not acting as Civil Court but as revenue Court as defined under Section 5 of the Code of Civil Procedure. He also submits that the Hon'ble Supreme Court in its order dated 18.03.2002 (Subodh Chandra Dev Vs. State of Assam & Ors.) while considering a similar matter held that a writ petition was maintainable against the final order under the Act. He, however, fairly submits that even after considering the said order of the Hon'ble Supreme Court, a Division Bench of this Court in Ranjit Kr. Dey & Ors. Vs. Krishna Gopal Agarwala & Ors. reported in 2004(2)GLT 435, held that a revision petition under Section 115 of the Code of Civil Procedure will lie against a final order under the Act. He also relies upon the judgment of the Supreme Court in Surya Dev Rai Vs. Ram Chander Rai, reported in (2003) 6 SCC 675.