CRP 18/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr SS Sharma, learned senior counsel, assisted by Mr G. Jalan, for the pet itioner; and Mr SP Roy, learned counsel for the respondents. The appellant in Misc Appeal No.7 of 2009, who is the defendant in TS No .708/ 2006, pending in the Court of the learned Munsiff No.4, Kamrup at Guwahati , has filed the present petition challenging the judgment and order dated 23.11. 2009 passed by the learned Civil Judge No.1, Guwahati in the said appeal dismiss ing the same by upholding the order dated 30.3.2009 passed in Misc(J) Case No.56 9/ 2007, which was registered on basis of the application filed by the present p etitioner for fixation of standard rent. The present respondent instituted TS No.708 of 2006 in the Court of the learned Munsiff No. 4, Kamrup at Guwahati praying for a decree of ejectment of t he present petitioner from the premises mentioned in the schedule to the plaint, on various grounds. In the said proceeding, the present petitioner who is defen dant, filed an application, registered and numbered as Misc(J) Case No.569/ 2007 , seeking fixation of standard rent under the Assam Urban Areas Rent Control Act , 1972, which was decided by the learned Munsiff No.4 on 30.3.2009 against the p resent petitioner. Being aggrieved, an appeal under Section 8 of the Act was fil ed by the petitioner before the learned Civil Judge No.1, Guwahati being Misc(J) Case No.7 of 2009, which was dismissed by the judgment and order dated 23.11.20 09. It appears from the impugned judgment and order dated 23.11.2009 that th e learned court below after quoting the grounds taken by present petitioner in t he memo of appeal and the arguments put-forward by learned counsel appearing for the parties, has by a single sentence order dismissed the appeal without bother ing to discuss the materials available on record. By said order, the learned low er appellate court dismissed the appeal by upholding the order dated 30.3.2009 p assed by the learned Munsiff No.4 in Misc(J) Case No.569/2007. The finding of th e learned lower appellate court is quoted below: After careful perusal of the impugned order as well as the provision of law incorporated and argued before me, I am of my considered view that the orde r under challenge dated 30.3.09 passed by learned trial Court in Misc(J) Case No .569/07 arising out of Title Suit No.708/06 is a speaking and reasonable order w here everything is discussed in details and decision arrived at in a lawful mann er which is not to be interfered in any manner as prayed for by the appellants/ defendants . Since an appeal is preferred against the order dated 30.3.2009 passed in the aforesaid Misc Case, the appellate court is duty-bound to consider all the materials available on record including objections, if any, relating to the main tainability of the appeal, but nothing has been done except recording its findin g as quoted above after quoting the grounds taken in the memo of appeal and noti cing arguments advanced by the parties. Such a disposal cannot be a disposal in the eye of law. In view of the above, the judgment and order dated 23.11.2009 passed by the learned Civil Judge No.1, Guwahati in Misc Appeal No.7 of 2009 is set aside. The matter is remitted to the learned Civil Judge, Guwahjati for deciding the a ppeal afresh. It is needless to say that while deciding the appeal, the question of maintainability of the same shall also be considered. Parties are directed t o appear before the learned Civil Judge No.1, Guwahati on 7.6.2010, who, within 45 days thereafter shall decide the appeal in accordance with law. The revision petition is disposed of as indicated above. No costs.