CRP 255/2008 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr.S.S.Sarma learned senior counsel assisted by Mr.G.Jalan lear ned counsel appearing for the petitioner. Also heard Mr.C.K.Sarma Barua learned senior counsel assisted by Mr.D.M.Nath learned counsel appearing for the respon dents. The revision petition is directed against the judgment and decree dated 15.7.2008 passed in Title Appeal No. 27/05 by the Civil Judge, No.2, Kamrup, Guw ahati whereby and wherein the learned Appellate Court dismissed the appeal there by affirming the judgment and decree passed by the learned trial Court. In a suit under the Assam Urban Areas Rent Control Act, 1972, the first Appellate Court is the final Court of fact wherefor a mandatory duty is cast upo n the learned Appellate Court under Order 41 Rule 31 of the Code of Civil Proced ure(Code for short) requiring the learned Appellate Court to follow the followin g points while adjudicating the appeal: (a) The points for determination; (b) The decision thereon; (c) The reasons for decision; and (d) Where the decree appealed from is reversed or varied, the relief to whic h the appellant is entitled to. A bare reading of the judgment passed by the learned lower Appellate Cou rt would reveal that the above points have not been gone into along with the ground of appeal . Therefore this court seems it fit to remand the case for fres h disposal of the appeal in accordance with law within a period of 3(three) mont hs from the date of appearance of the counsel representing the parties. As the l earned counsel appearing for the parties are present before this Court, they are directed to appear before the learned Court on 27.1.2011 for receiving necessa ry orders. Accordingly, the revision petition is allowed setting aside the judgment and decree dated 15.7.08 passed by the learned Civil Judge, No.2, Kamrup, Guwah ati in Title Appeal No. 27/05. The above order is passed with the consent of the parties. With this observation, the Revision Petition is disposed of. Parties are left to bear their own cost.