LAWS(P&H)-1992-1-39

HARI RAM Vs. FIRM RAM PARKASH SHANTI LAL

Decided On January 24, 1992
HARI RAM Appellant
V/S
FIRM RAM PARKASH SHANTI LAL THROUGH SHRI RAM PARKASH MALIK Respondents

JUDGEMENT

(1.) THIS is landlord's revision against the order of appellate Authority whereby the order passed by Rent Controller was set aside, and the case was remanded to the Rent Controller for fresh decision after affording an opportunity to the tenants to lead evidence.

(2.) THE petitioner filed an ejectment petition against the respondents on the ground of sub-letting as well as impairment of value and utility of the premises. An order of ejectment was passed by the Rent Controller against the tenants-respodents. The respondents thereafter, went in an appeal before the appellate Authority. During the penedey of said appeal, the respondents filed an application under Order 41, rule 27 Code of Civil procedure, to produce additional evidence. The said application was allowed. The appellate Authority also allowed the appeal of the respondents, setting aside the order of ejectment passed by the Rent Controller, and ordered the case to be remanded to the Court of Rent Controller for fresh decision after allowing the respondents to lead additional evidence. This order is being impugned by the petition in the present revisioner petition.

(3.) AFTER hearing learned counsel for the parties, I am of the view that this revision petition deserves to succeed.