ENAYATUR RAHMAN Vs. CHHATRAMAL PINCHA

JUDGEMENT

(1.) Heard Mr. G. N. Sahewala, learned Senior Counsel assisted by Ms. S.Todi, learned counsel for the appellant. Also heard Mr. O.P. Bhati, learned Counsel for the respondent/Cross Objector.

(2.) The present appeal is directed against the judgment and decree dtd. 27/8/2008 passed by learned Munsiff No.2, Jorhat in Title Suit No.14/2007 whereby the suit of the plaintiff for a decree of eviction was decreed and appellate judgment and decree passed by the learned Civil Judge, Jorhat in Title Appeal No. 30/2008 dtd. 12/2/2009 whereby the judgment and decree dtd. 27/8/2008 passed by the learned Munsiff No.2,Jorhat was upheld with certain modifications. This appeal was admitted by this court under its order dtd. 1/4/2009 with the following substantial questions of law:

(3.) Thereafter the plaintiff respondent appeared in this case and filed cross objection assailing the part of the judgment of the learned appellate Court whereby it was held that the suit was under the Assam Non Agricultural Urban Areas Tenancy Act, 1955 (the Act, 1955). Such cross objection was admitted by this court and one additional substantial questions of law was formulated to the following effect: