C VENKATESH Vs. TIP TOP SOUTHERN BONANZA

JUDGEMENT

(1.) INVEIGHING the order dated 19.12.2005, passed in R.C.A.No.111 of 2004 by the Rent Control Appellate Authority (Principal Subordinate Court, Coimbatore), confirming the order dated 28.06.2004 passed in RCOP No.42 of 2000 by the learned Rent Controller (I Addl. District Munsif Court), this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) THE learned counsel for the revision petitioners reiterating the grounds of revision would develop his arguments, the warp and woof of them would run thus: THE law as it stood at the time of hearing the appeal by the appellate authority was to the effect that if any sale deed had to be relied on for the purpose of highlighting the value of the land, the vendor had to be examined. With that in mind alone such a prayer was made before the appellate authority and now the law got changed. Mere marking of the registered sale deed would be sufficient and it is for the authority to take into consideration the over all circumstances and decide either to believe the document or not. At the appellate stage, the newly added parties would have no right to file additional pleadings and the appellate authority was not right in his approach in giving opportunity to those persons to file additional pleadings before the Rent Controller on the matter being remanded to him. Accordingly, he prays for setting aside the order of the appellate authority and pass suitable orders fixing fair rent in this revision itself.