LAWS(P&H)-1985-7-25

YOGINDER KUMAR Vs. KUMARI SUDARSHAN

Decided On July 17, 1985
YOGINDER KUMAR Appellant
V/S
Kumari Sudarshan Respondents

JUDGEMENT

(1.) THIS revision has been filed against the order of the Appellate Authority dated April 16, 1985, whereby the order of the Rent Controller was set aside and the ejectment petition was remanded to the Rent Controller for a fresh decision.

(2.) THE Appellate Authority has also framed an additional issue which the Rent Controller was required to decide along with the other issues already framed.

(3.) CONSEQUENTLY , this revision is allowed, the impugned order of the Appellate Authority is set aside with the direction that it will recall the appeal to its file and proceed with it according to Section 15 of the Act and if it feels necessity for further enquiry according to sub-section (3) of Section 15 of the Act, either on the additional issue framed by it or otherwise, it can hold such enquiry either personally or through the Rent Controller and then dispose of the appeal on merits. The parties have been directed to appear before the Appellate Authority on August 19, 1985. No order as to costs. Revision allowed.