The central legal point established in the judgment is the interpretation of the definition of 'urban area' under the Assam Urban Areas Rent Control Act and the applicability of the Act to the suit premises.

P.G. Agarwal, J.

1. Heard Mr. S. Ali, learned Counsel for the Petitioner and Mr. N. Choudhury, learned Counsel for the Respondent.

2. This is the second occasion when the Petitioner has approached this Court by filing the present civil revision. The relevant facts are that the opposite party/Plaintiff Sri Upen Medhi instituted a title suit No. 126/95 for eviction of the Defendant stating inter alia that the Plaintiff had purchased the suit premises from the erstwhile landlord and the Defendant was a tenant under him on monthly rent. The Defendant had accepted the Plaintiff as his landlord and paid rent for some period and thereafter defaulted.

3. The Petitioner/Defendant contested the proceeding stating that the suit premises were purchased by him in the year 1985 although he has admitted that prior to that he was a tenant in respect of the suit premises under the erstwhile landlord. The Petitioner also claimed that the suit premises are not covered by the Assam Urban Areas Rent Control Act (for short the Act). The suit was decreed as prayed for whereupon, appeal was filed being Title Appeal No. 12/90 by the Defendant but no relief was granted to the Defendant whereupon Civil Revision No. 383/91 was preferred before this Court. The said revision was disposed of by order, dated 19.2.96 and this Court provided as follows:

The crucial point as to whether the suit land falls within the Assam Urban Areas Rent Control Act inasmuch as to whether the area in question falls within an 'Urban Area'. No such notification under the Assam Municipal Act, 1956 was produced and found before the Court below. No other notification as required under Section 1(2)(a) of the Assam Urban Areas Rent Control Act was also shown. The matter was dealt in most casual manner. It also appears that the learned appellate Court has not dealt with the appeal as is required under the law. The appeal contained both questions of fact and law, which requires full consideration of the appellate Court. The judgment is not in conformity with Order 41 Rule 31 of the Code of Civil Procedure. Accordingly, 1 set aside the judgment of the learned appellate Court and remit the matter to dispose of the appeal in accordance with law. The appellate Court is also directed to decide the appeal in accordance with law. The appellate Court is also directed to decide the issue viz. whether the suit premises in Dhupdhara falls in an Urban Area within the meaning of Section 2(g) of the Assam Urban Areas Rent Control Act, 1972.

4. Accordingly, the matter was again heard by the District Judge, Goalpara and on the strength of notification dated 21.3.86 Ext. 1 A, the appellate Court held that the suit premises falls under Dhupdhara town and hence the provisions of Assam Urban Areas Rent Control Act are attracted and accordingly the appeal was dismissed. Hence the present revision.

5. We have perused the said notification Ext. 1 A, the relevant portion of which reads as follows:

NOTIFICATION

Dated Dispur the 21st March 86 No. RSR. 12/83/12. In exercise of the powers conferred by Sub-section( 1) of the Section 3 of the Assam Revenue Re-assessment Act, 1936, the Governor of Assam is pleased to declare the Areas included within the boundaries described below and measuring an area about 1807B-4K-8Ls of land in Goalpara District to be town land known as Dhupdhara Town.

6. A bare perusal of the above notification shows that it does not satisfy the requirements under the Assam Urban Areas Rent Control Act for which notification is required to be issued. Accordingly the opposite party/Plaintiff" was given the opportunity to produce the copy of any such notification or any other documents before this Court that the suit premises is covered by the provisions of the Assam Urban Areas Rent Control Act.

7. Mr. Choudhury is fair enough to submit that the Plaintiff is unable to produce any such notification.

8. The definition of 'urban area' as provided under Section 2(g) of the Act reads as follows:

2(g) "ur