SMT. SURINDER KAUR Vs. MOHINDER BAHADUR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate Authority, Simla, allowing a tenant's appeal against an order of ejectment made by the Controller.

(2.) THE Petitioner is the landlord and the Respondent is her tenant in respect of Set No. 2 of the premises known as Adda Villa situated in Simla. The Petitioner moved an application before the Controller for the eviction of the Respondent. That application was allowed by the Controller by his order dated July 23, 1975. The Respondent appealed and the Appellate Authority, Simla, being of opinion that it was necessary for the Controller to decide whether one Shri J.S. Nanda had vacated one of the sets in the building, allowed the appeal, set aside the order of the Controller and remanded the case to the Controller for fresh decision. The Petitioner now applies in revision.

(3.) NOW that the case has to be considered again by the Appellate Authority, it will be for us to consider whether in the view of the law set out above it should hold the further enquiry itself or should direct the Controller to hold it and submit the result of the enquiry to it. Indeed, the Appellate Authority will begin by deciding again whether there should be any inquiry at all. This is a matter which the Appellate Authority will decide after hearing learned Counsel for the parties.