BILASHIRAM AND SONS Vs. MAHENDRA CHANDRA DUTTA

JUDGEMENT

(1.) THIS proceeding wan initially started as a second appeal against the judgment and decree dated 12.11.75 passed by the learned Assistant District Judge, Darrang, Tezpur in Title appeal No. 12 of 1974 arising out of a proceeding under the Assam Urban Areas Rent Control Act, 1972. In view of the decision dated 12.11.79 of this Court in L.P.A. 11 of 1976, no second appeal is maintainable under the Act. Being faced with this predicament the Appellant filed a petition for converting the second appeal into a revision. In an identical matter in S.C.A. No. 1 of 1981, (Civil Appeal No. 3092 of 1981 decided on 18.11.81) arising out of Second Appeal No. 87 of 1973 the Supreme Court directed for converting the second appeal into a revision subject to the question of maintainability. In the above view of the matter this second appeal is converted into a revision subject to the question of maintainability.

(2.) THE Petitioner filed a suit for eviction as well as for arrears of rent for 70 months and also for mesne profits from 1.7.72 to 31.8.72 on the ground that the Respondent was a defaulter. The Respondent contested the suit by filing a written statement contending that the suit is not filed by the proper person and that the Defendant is not a defaulter and also that no valid and proper notice was served upon the Defendant. The further averment in the written statement is that the suit is barred by limitation and the suit is not maintainable as it is not in proper form.

(3.) IN this revision petition, the Central point for determination is whether the decision given on Issue No. 1 by the learned trial Court is sustainable in law.