KULWANT SINGH Vs. JAGDISH CHANDER

JUDGEMENT

(1.) Petitioner landlord has assailed the Appellate Authority's order dated 10.5,1993, whereby he has remitted the case to the Rent Controller for recording additional evidence on additional issue framed by the Appellate Authority and to remit his finding thereon within the stipulated period.

(2.) Brief resume of the facts of the case is that petitioner filed ejectment petition against the respondent-tenant on three grounds; viz, (i) that the disputed house has become unfit and unsafe for human habitation; (ii) that the petitioner requires the house in question for his personal necessity and lastly, the respondent has ceased to occupy the disputed house for continuous period of four months.

(3.) Respondent-tenant filed his reply on 1.1.1989, issues were framed on 3.2.1989 by the trial Court, which are enumerated in the Grounds of Revision. On 13.6.1991 respondent/tenant filed the petition before the Rent Controller for framing of an additional issue on the point whether the demised premises is a godown or house, that petition was rejected by the Rent Controller on 13.8.1991. No revision was filed against that order. After recording parties' evidence Rent Controller passed the eviction order on 14.10.1991 against the respondent tenant. Respondent-tenant preferred appeal against that ejectment order. In the Grounds of Appeal, tenant-respondent has not taken up this ground that additional issue with regard to the said point whether the disputed premises is a godown or house was not framed by the Rent Controller. On 14.1.1993 respondent-tenant filed the petitions before the Appellate Authority that additional issue be framed on the said point whether the disputed premises is a godown or a house. By the impugned order, the Appellate Authority has allowed the petition, framed additional issue and remitted the case to the Rent Controller for recording additional evidence and returning his finding thereon.