P K DURAIVELU MUDALIAR Vs. S P MOHANASUNDARAM

JUDGEMENT

(1.) AS the point involved in this revision is within a very narrow compass at the request and consent of the Bar for the respective parties, I have heard the whole case in hand and pronounced the following order:

(2.) BRIEF facts of the case are extracted as hereunder: the tenant is the revision petitioner and eviction was sought for before the learned Rent Controller in R. C. O. P. No. 1570 of 1989 by the respondent herein, being the landlord, on the ground of owner's occupation, as the building is required for accommodation of his married daughter. As the matter was seriously contested after taking into consideration the entire evidence adduced, the learned Rent Controller passed the order of eviction and against which an appeal has been preferred which is pending in R. C. A. No. 698 of 1991, on the file of the VII Judge, Court of Small Causes Madras. In the appeal, by virtue of Sec. 18-A of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter called as "the Act', an application M. P. No. 371 of 1993 has been filed by the tenant- appellant seeking for the appointment of a commissioner to find out as to whether how many portions were situate in the demised premises of the landlord-respondent and who were all the persons vacated and in which portion of the building or any other building the daughter of the landlord was residing and so on. Though the petition was contested by the tenant- appellant and resisted by the landlord- respondent the learned appellate authority refused to appoint any Commissioner and accordingly dismissed the said petition, by passing the impugned order above referred. Aggrieved at this, the present revision has been filed by the tenant.

(3.) SEC. 25 while dealing with the revisional powers provides as hereunder: "25. Revision: (1) The High Court may, on the application of any person aggrieved by an order of the Appellate Authority to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein and if, in any case, it appears to the High Court that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly. "