ARUNPAL SINGH Vs. RAJAN TANEJA

JUDGEMENT

(1.) The present revision petition has been filed by the tenant-petitioner challenging the order dated 14.09.2018 passed by the Appellate Authority whereby the Appellate Authority has remanded the case to the Rent Controller to decide the rent application afresh.

(2.) The limited ground of challenge in the present revision petition is to the remand order passed by the Appellate Authority, Tarn Taran, dated 14.09.2018. Learned counsel for the petitioner, in support of his arguments, has relied upon a Division Bench judgment of this Court in the case of Raghu Nath Jalota v. Romesh Duggal and anr., 1979(2) R.C.R. (Rent) 501, to contend that as per the provisions of the East Punjab Urban Rent Restriction Act, 1949, (hereinafter to be referred to as 'the Act') especially in view of Section 15(3) thereof, the Appellate Authority has the power to re- decide the issue either by himself or through the Rent Controller. The Appellate Authority, as such, does not have the power to remand the case. The said question, as referred to above, came up for consideration before a Division Bench of this Court in the case of Raghu Nath Jalota (supra) wherein it was held as under:-

(3.) Keeping in view the law laid down by the Division Bench of this Court, the order passed by the Appellate Authority has to be considered.