BHIKULAL BADLYARAM PARDESI Vs. SHRINIVAS SHALIGRAM TOTLA

JUDGEMENT

(1.) These two revision applications are filed to challenge the order of remand passed by the learned District Judge in a proceeding initiated for eviction under the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (hereinafter, referred to as "the Act").

(2.) Mrs. Pisolkar, for the petitioners, contended that in view of the provisions of section 25(3) of the Act, the learned District Judge has no power to remand the matter back to decide afresh on merits. According to her, once the appeal is filed before the District Court, the Appellate Authority has to decide the appeal finally. In case it finds that certain further inquiry is required, it may do so on its own, or, direct the Rent Controller to hold further inquiry in the matter; but, still the appeal continues with the Appellate Authority.

(3.) Mrs. Pisolkar has relied upon the decision of the Andhra Pradesh High Court in (Mahboob Bi v. Alvala Lachmiah)1, A.I.R. 1964 A.P. 314, which seems to support her contention.