RAM KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS revision has been directed against order passed by the Appellate Authority dated September 3, 1981 vide which order rendered by the Rent Controller dismissing the application of the respondent/landlord under Section 13 of the Rent Restriction Act was set aside, thus, ordering eviction of the petitioner-tenant.

(2.) THE dispute between the parties was with regard to non-payment of rent for the period other than for which rent was tendered in the Court. It is no doubt true that the Appellate Authority was justified in excluding from the array of evidence the tape recorded version whereby the landlord is said to have admitted the payment of rent but after rejecting such evidence, it was obligatory on the part of the Appellate Authority to discuss the matter on the basis of remaining evidence which might have been only oral. This being a question of fact, had necessarily to be discussed by the appellate authority. Concededly, evidence led by the parties has not been discussed properly. There is no choice in this case but for to remit the same to the Appellate Authority to decide the appeal afresh in accordance with law. So ordered. Parties through their counsel are directed to appear before the Appellate Authority on January 8, 1999.