SOHANLAL Vs. MOHANIBAI

JUDGEMENT

(1.) 1985 JLJ 793) and Saiyed Kadri,s case (1988 MPRCJ 250) the scope of revisional jurisdiction under S. 23 -E of the Accommodation Control Act has been considered. In B. Joshi's case, a Division Bench of this Court observed that a power of revision under S. 23 -E of the Act is wider than the power given by S. 115 of CPC but it is narrower than the power of appeal. The Court has also observed that an attempt should be made to keep as near as possible to the limits of the power of revision under section 115 CPC, exceeding the same only to the extent necessary for preventing miscarriage of justice. In Helper Girdlwri's case (supra) the Supreme Court laid down the following parameters of the revisional jurisdiction under S. 29 (2) -E of the Gujrat Act, which is equivalent to S. 23 -E of the M.P. Accommodation Control Act: -

(2.) IN the present case, as already pointed out, the Rent Controlling Authority has asked the tenant to lead evidence first and has refused the right of rebuttal without giving any reasons. It is clearly a case in which interference is called for as there is patent miscarriage of justice. The impugned order, therefore, cannot be allowed to stand. It has to be and is hereby set aside. However, it is not necessary to order a fresh trial.