SALEEM BIN AHMED Vs. STATE
HIGH COURT OF ANDHRA PRADESH
SALEEM BIN AHMED
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Jaganmohan Reddy, J. -
(1.) This matter has been directed to be placed before a
Bench by our learned brother, Satyanarayana Raju, J., having regard to the conflict of two decisions, one of Munikanniah, J.
and another of Basi Reddy, J.
(2.) The learned Advocate for the petitioner cites a decision of Munikanniah, J.
in Mahboob Bi v. Alvala Lachmiah (1962) 2 An.W.R. 148, in support of his contention that notwithstanding
section 20 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control
Act, 1960, hereinafter referred to as ' the Act', a revision can be filed to the High
Court, There is a decision of our learned brother, Basi Reddy, J., in S.R. No.
33312 of 1962 in which a question had arisen whether a revision was maintainable
under section 22 of the Act. In that case the petitioner had filed a petition for
eviction of his tenant. That petition was dismissed by the Rent Controller, Kakinada,
and without filing an appeal under sub-section (4) of section 20 of the Act, he filed a
revision directly to the High Court. It was pointed out by our learned brother
that the petitioner could not invoke the revisional power conferred on the High
Court by section 22 (1) of the Act because the impugned order was not one passed
by the Controller in execution under section 15, nor was it an order passed by the
appellate authority on appeal under section 20 of the Act. Munikanniah, J.,
on the other hand, was dealing with a case where the refusal of the tenant to receive
notice of the proceedings sent by registered post had given rise to the order setting
the tenant exparte and after setting him exparte, the Rent Controller held that the
petitioner owned the house and that the tenant had committed wilful default in
payment of the rent and that inasmuch as he also found that the house was required
for the use of the landlord, he ordered eviction. The tenant filed an appeal in the
City Civil Court where a preliminary objection was taken by the respondent-landlord that the
appeal was barred by limitation as it was filed six days after the time
allowed for filing the appeal. The appellant alleged that the had no knowledge
of the proceedings before the Rent Controller and that he was never served with
the notice thereof. Now it is clear that under section 20, an appeal has to be filed
within thirty days from the date of the order and not from the date of the knowledge.
The Chief Judge, City Small Causes Court, applied the provisions of section 18
of the Limitation Act and consequently he allowed the appeal and remanded the
case to the Rent Controller for passing a fresh order after taking evidence of the
parties. The learned Judge, Munikanniah, J., held that under section 20 (3) of
the Act, the appellate authority was not competent to remand a case to the Rent
Controller and direct a fresh trial of the case. He also held that if the principles of
natural justice and fairplay have been found to be violated, interference by the
High Court would certainly be within the province of the revisional powers conferred by
section 22 of the Act. He also held that section 18 of the Limitation Act is
(3.) We are not here concerned with the validity of that judgment because the
facts in this case clearly do not induce us to think that there is no remedy open
to the petitioner under section 20. The petition is one against an order refusing
to stay the proceedings in the Rent Controller pending the civil suit. Now,
section 20 (i) of the Act provides :
"(1) Any person aggrieved by an order passed by the Controller may, within thirty days
from the date of such order, prefer an appeal in writing to the Chief Judge, Small Causes Court in
the cities of Hyderabad and Secunderabad and elsewhere to the Subordinate Judge or if there are
more than one Subordinate Judge, to the Principal Subordinate Judge having original jurisdiction
over the area aforesaid. In computing the said period of thirty days, the time taken to obtain a
certified copy of the order appealed against shall be excluded.
(2) On such appeal being preferred, the appellate authority may order stay of further proceed,
ings in the matter pending decision on the appeal.
(3) The appellate authority shall send for the records of the case from the Controller
and after giving the parties an opportunity of being heard and, if necessary, after making such further
inquiry as he thinks fit either personally or through the Controller, shall decide the appeal.
Explanation.-The appellate authority may, while confirming the order of eviction passed by
the Controller, grant an extension of time to the tenant for putting the landlord in possession of the
(4) The decision of the appellate authority and subject to such decision, an order of the
Controller shall be final and shall not be liable to be called in question in any Court of law, except as
provided in section 22.";
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