N BACHERLAL Vs. S SUBHASH CHANDRA BOSE

JUDGEMENT

(1.) THE civil revision petition has to be allowed on a short ground. THE Rent Control Appellate Authority has remanded the matter to the Rent Controller on the question of wilful default. This Court in series of decisions in Rangaswami Naidu v. THE Second Judge, Court of Small Causes, Madras (1949)1 MLJ. (S.N.( 24Kuttappa Nair and P.Narasimha Chetty (died) v. Narayana Chetty P.Narasimha Chetty (died) v. Narayana Chetty (1983)1 MLJ. (N.R.C.) 1: 1982 T.L.N.J. 462, has held that the Rent Control Appellate Authority has no such power of remand. Following the said decisions I hold that the Rent Control Appellate Authority was not correct in remanding the matter to the Rent Controller.

(2.) MR.K.Kannan, learned counsel appearing for the respondent submitted that the Rent Control Appellate Authority has remanded the matter because the petitioner herein sought to introduce documents, which the respondent stoutly opposed. I am of the view that when the petitioner has produced certain documents, the appellate authority should have either considered the documents or called for findings from the rent controller on the documents and hence for that purpose the power of remand cannot be exercised.