NAIN SINGH SHARMA Vs. CHAMPA DEVI

JUDGEMENT

(1.) The instant civil revision petition is directed against the orders recorded by the learned appellate authority, upon, Rent Appeal No. 2-S/14 of 2018, as stood preferred therebefore, by the aggrieved tenants, against the order of eviction, from the demised premises, as rendered by the learned Rent Controller,

(2.) Without going into the merits of the case, or upon the findings returned upon relevant res-controversia, by the learned Rent Controller, rather, an adjudication, is enjoined to be meted only upon, the legality of the order made by the learned appellate Authority, wherethrough, it after setting aside, the verdict recorded by the learned Rent Controller, it, remanded the lis to the learned Rent Controller, for, enabling the latter to determine, the, controversy, appertaining to the title of the respondents herein, to receive rent, vis -vis, the demised premises.

(3.) Even though, the tenant is statutorily estopped to deny the title of the land lord, yet when the appellate authority, had, proceeded to make the afore order, of, remand, to the learned Rent Controller, importantly, after setting aside, the apposite verdict assailed before it, and, conspicuously also, when the afore res-controversia, is, rather estopped to be reared, by the respondent/tenant, (i) thereupon within the ambit, of, the verdict, reported in ILR (1976) 5, rendered in case titled as, " Smt. Surinder Kaur versus Mohinder Pal Singh", hence renders the afore allowing of the apposite appeal, by the learned Appellate Authroity, and, thereafter the remanding, of, the lis, to, the Rent Controller, for the latter making an enquiry, vis -vis, the afore facet, rather to, beget an apparent transgression thereof. In the afore judgment, relevant paragraph-3 whereof is extracted hereinafter: