ORDER :

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 dated 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 dated 12.2.2009 whereby the judgment and decree dated 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 dated 1.4.2009 with the following substantial questions of law:

(i) Whether the judgment of appellate court below particularly finding on Issue No.4 is in accordance with Order 41, Rule 31 of the Code of Civil Procedure, 1908

(ii) Whether the appellate Court committed illegality in relying on a decision relating to Urban Areas Rent Control Act while deciding issue of bonafide requirement in the instant case.

(iii) Whether the judgment of the appellate court is perverse in not consi