SARDAR SINGH Vs. LACHHMI BAI

JUDGEMENT

(1.) THIS revision petition is against the order of appellate Authority, Sonepat, whereby the order of Rent Controller has been set aside and case remanded to Rent Controller for a fresh decision after permitting the party to plead necessary ingredients in terms of Section 13 of the East Punjab Urban Rent Restriction Act as well as granting fresh opportunity to both the parties to file an amended petition, written statement and evidence that may be led in support of their respective contentions.

(2.) THE sole submission of the learned counsel is that the Appellate Authority under Section 15(4) of Haryana Urban Rent Control and Eviction Act, 1973 (hereinafter referred to as 'the Act') has no jurisdiction to remand the case. At the most, a report could be sent for from the Rent Controller and appeal could be decided on merits upon judgments reported as Krishan Lal Seth v. Pritam Kumari, 1961 Punjab Law Reporter 865 and another judgment Harbans Lal v. Sham Dass and another, 1991(1) RCR 602 : (1991-1) Punjab Law Reporter 453.