GUNTHA RADHAKRISHNA MURTHY Vs. N VENKOBA SETTY

JUDGEMENT

(1.) The short question which arises for decision in this Civil Revision Petition is whether the Appellate Authority under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called the Act) is competent to set aside an ex parte rendered by it on merits without hearing the parties and restore the appeal for re-hearing.

(2.) The facts necessary for proper appreciation of the question involved may be stated briefly:

(3.) The learned Counsel for the petitioner has reiterated the same contentions before me. A perusal of the judgment delivered by the Appellate Court on 15-2-1995, no doubt reveals that the Appellate Court purported to dismiss the appeal on merits. Admittedly the said judgment was pronounced without hearing the parties or their Counsel. Section 20(3) of the Act provides that "the Appellate authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further enquiry as he thinks fit, either personally or through the Controller, shall decide the appeal." Rule 22(8) of A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 inter alia provides that-