Abhijit Hazarika vs Mani Ahmed
2021 Latest Caselaw 3041 Gua

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GAHC010269202017




                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : CRP/21/2018

            ABHIJIT HAZARIKA
            S/O- SRI KIRON CHANDRA HAZARIKA, R/O- DADHARA, BAMUN
            CHUBURI, P.O- TEZPUR, MOUZA- BHAIRABPAD, DIST- SONITPUR, ASSAM



            VERSUS

            MANI AHMED
            S/O- MD. SALIM AHMED, MURAHTETALI, P.O- TEZPUR, MOUZA-
            BHAIRABPAD, DIST- SONITPUR, ASSAM



Advocate for the Petitioner   : MR. B CHAKRAVARTY

Advocate for the Respondent : MR. S SAHU




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 23-11-2021

Heard Mr. B Chakravarty, learned counsel appearing for the petitioner. Also heard Mr. S Sahu, learned counsel appearing for the respondent.

2. At the outset the learned counsel for the respondent Mr. S Sahu points out that the instant proceeding under Section 115 of the Code of Civil Procedure is not maintainable in view of the fact that an appeal should have been filed under Section 100 on the substantial Page No.# 2/2

question of law. He has specifically shown the paragraph 1 of the plaint of Title Suit 54/2005 wherein it has been categorically shown that the land is outside the Tezpur Municipal area.

3. On the other hand, Mr. B Chakravarty, learned counsel appearing for the petitioner submits that this revision application has been filed in view of the fact that the judgment and decree passed by the first Appellate Court is a judgment and decree under Section 8 of the Assam Areas Rent Control Act, 1972 and it is established that against a judgment and decree under Section 8 of the Assam Areas Rent Control Act, 1972 , no appeal is permissible and only a proceeding under Section 115 of the Code of Civil Procedure can be initiated.

4. Section 1(2) of the Assam Urban Areas Rent Control Act,1972 states that the said Act extends to all urban areas in Assam and in view of the admitted fact that the suit land in question is outside the Tezpur Municipal Board, the Assam Urban Areas Rent Control Act, 1972 was not applicable.

5. Consequently, it was a suit under the provisions of the Transfer of Property Act, 1882.

6. Under such circumstance, it is only a second appeal, which is maintainable against the impugned judgment and decree and not a proceeding under Section 115 of the Code of Civil Procedure.

7. Consequently, the instant revision petition is dismissed on that ground. No costs.

JUDGE

Comparing Assistant