BEEBANU Vs. ABDUL RASHEED

JUDGEMENT

(1.) Interpretation of Sub-section (3) of Section 20 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act) read with Rule 11(2) of the A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 (for short 'the Rules'), falls for determination in these references:

(2.) Section 20(3) of the Act reads:

(3.) The learned Counsel appearing on behalf of the petitioner would submit that the power of the appellate Court to remand the matter to the Rent Controller, is circumscribed by reason of Sub-section (3) of Section 20 of the Act, and in support of his submission, he placed reliance upon the judgments of this Court in Ekramuddin v. Smt. Sheela Bai Ekbote, 1972 APHN 3, and Konduru Ammannachary v. Rahima Khatoon, 1984 (2) ALT 364. The learned single Judge, upon noticing a judgment of the Division Bench of this Court in Munilal v. Kurva Narayana, 1988 (2) ALT 755 (DB), wherein it was held that an order of the appellate authority, remanding the matter to the lower authority, is not a void order, but one passed in irregular exercise of jurisdiction.