SHYAM SUNDER AND ORS. Vs. DHAN SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the Appellate Authority then exercised by the Deputy Commissioner, Bhiwani, dated 1st May, 1978, whereby he accepted the appeal against the decision of the Rent Controller and remanded the case back to the Rent Controller, Bhiwani to decide the case afresh in accordance with the issues framed in the case. Mr. V.M. Jain appears in response to the notice of motion. He concedes that in law the Appellate Authority is not competent to remand the case. He should either make enquiry himself or seek report while retaining control over the appeal himself. In view of the above, and that, in fact, is the legal position, the aforesaid order is set aside and it is directed that the Appellate Authority which now is the District Judge, Bhiwani, shall act in accordance with law. Parties are directed to appear before him on 11th September, 1978. Revision allowed.