CHANDANMUL ASERA Vs. K P R KULANDAIYAPPA MUDALIAR

JUDGEMENT

(1.) This is an appeal from the order of the High court dated 8/02/1980. By the impugned order the High court has remanded the matter back reversing the order of the appellate authority functioning under the Madras Buildings (Lease and Rent Control) Act. 1960 (Tamil Nadu Act 18 of 1960). The contention of the appellant in this case before us was that -this remand order was not justified in law. In view of the findings arrived at by the appellate authority and having considered the facts and circumstances of this case we are of the opinion that justice would be met if the remand order is kept intact. There is however, one point which requires to be clarified. Mr. Kacker appearing on behalf of the appellants stated that since the High court has remanded the matter back for fresh disposal, it should be disposed of on merits of the case. We are in agreement with him. The matter is going back. nothing need be said about merit of the case. The learned counsel for the appellant contended that there are certain observations in the judgment of the High court which will adversely affect his client. If there be such observations, such observations will not be taken by the appellate authority and it will proceed independently and irrespective of those observations and decide the case on merit in accordance with law. Our attention was drawn to the fact that subsequent to this remand order one of the brothers for whose personal need eviction was sought for has died and there is a partition suit pending between the brothers in respect of the premises in question. The appellant will be at liberty to raise such contention subject to the respondent also being at liberty to adduce such other evidence as they consider fit before theappellate authority and the appellate authority will dispose of and decide the matter in accordance with law. The appellate authority will decide all the contentions including contention of maintainability of the suit proceedings, subject to the objection that it was given up, in accordance with law.

(2.) The appeal is accordingly disposed of. In the facts and circumstances of the case, the parties will bear their own costs.