KHATRI FILM ENTERPRISES Vs. VIJAY CYCLE STORES

JUDGEMENT

(1.) Rule. Rule made returnable early. The petition is heard finally with the consent of the learned counsel for the parties.

(2.) On hearing the learned counsel for the parties for a considerable time, the learned counsel for the parties agreed that this was the case for remand to the First Appellate Authority i.e. the District Collector, Amravati, as the several material pieces of evidence were not considered by the First Appellate Authority while passing the impugned order dated 17.9.2007.

(3.) I have heard the learned counsel for the parties at length and perused the impugned order dated 17.9.2007 along with the report of the Rent Controller dated 28.4.2006, the objections filed by the petitioner thereto, the evidence of the witnesses examined on behalf of the petitioner and the respondents. On perusal of the same it is clear that the First Apellate Court has not adverted its mind to the evidence of the witnesses examined on behalf of the petitioners and also not considered the evidence of the respondents' witnesses in cross examination, and ignored the evidence tendered on behalf of the petitioners and respondents in the cross examination and thus the Appellate Authority has failed in its duty in deciding the appeal in accordance with law. Hence I am satisfied that this is a fit case for remanding the matter to the First Appellate Authority for deciding the appeal fresh on merits, in accordance with law.