MUKHTAR AHMED Vs. SHAHNOWAJ AHMED

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned counsel for the appellant. Also heard Ms. M. Hazarika, learned Senior Counsel for the respondent.

(2.) This appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 which was admitted on 11/6/2004 by this Court. However, Ms. M. Hazarika, learned Senior counsel has raised a question of maintainability of the present second appeal inasmuch as the original suit was filed under the provision of Assam Urban Areas Rent Control Act, 1972, for declaration, eviction and recovery of arrears of rent and for permanent injunction and no second appeal is provided under the Act' of 1972.

(3.) In view of such submission and as agreed to by learned Counsel for the parties, before going to the merit of this case, let this Court first examine the issue of maintainability:-