P.G. Agarwal, J.

1. Heard Mr. C.K. Sharma Baruah learned senior counsel for the appellant and Mr. N. Choudhury, learned Counsel for the respondent.

2. The brief facts leading to the present second appeal may be noted. The present appellant/plaintiff, Sri Vishwanath Bogar instituted a Title Suit No. 63/96 before the Civil Judge (Junior Division) No. 1 Sivasagar for eviction of the respondent/defendant, Sri Gyarsilal Agarwal from the suit premises and the eviction was sought on the ground of default and bona fide requirement as provided under the Assam Urban Areas a Rent Control Act, 1972 (for short the "Act") The said Title Suit was decreed ex parte on 9.9.1996 and thereafter the execution proceeding was initiated arid on execution of the said proceeding the plaintiff got delivery of possession of the suit premises. On 18.11.1996, the respondent-defendant filed application under Order 9, Rule 13 of the CPC for setting aside the ex parte decree and thereafter vide Order dated 14.6.1999, the ex parte decree was set aside. The petitioner had filed another application under Section 144 CPC for restitution of the possession of the suit premises and the said prayer was also allowed.