GOPI CHAND Vs. DOCTOR KUNWAR PAL SINGH

JUDGEMENT

(1.) THIS petition is directed against the order of the Appellate Authority whereby the order of the Rent Controller directing ejectment of the tenant was set aside and the case sent back to the Rent Controller for deciding the matter afresh after allowing the partied to lead evidence.

(2.) THE only argument raised on behalf of the petitioner is that the Appellate Authority could not set aside the order of the Rent Controller and remand the case for fresh decision. At the most, a report could be sent for from the Rent Controller and then decide the appeal on merits. In support of his contention, reference was made to a Division Bench judgment of this Court in Raghu Nath Jalota v. Ramesh Duggal and another, 1979(2) RCR 501 and Satya Wati Bhargva v. Pehlad Rai 1984(2) RCR 26.

(3.) THE parties, through counsel, are directed to appear before the Appellate on 4th June, 1986.