S.U.Khan - (1.) -Heard learned counsel for the parties.
(2.) THIS writ petition by the tenant is directed against order of remand passed by lower revisional court respondent No. 1 in the revision, which was filed by the landlord respondent No. 3, against judgment and decree passed by trial court/J.S.C.C., Allahabad dismissing the suit of plaintiff respondent No. 3 landlord. This writ petition involves pure questions of law and learned counsel for both the parities at the time of hearing addressed the Court on all the points involved. Learned counsel for the landlord respondent No. 3 challenged those findings of the revisional court also, which were recorded against it. Supreme Court in Nalakath Sainuddin v. Koorikadan Sulaiman, AIR 2002 SC 2562, under similar circumstances has held on the principles of Order XLI, Rule 33, C.P.C. that in revision filed by the tenant, landlord can raise other points, which were decided by the trial court against him. The suit giving rise to the instant writ petition was filed in the year 1978, i.e., exactly 30 years before. Suits in between landlord and tenant filed before J.S.C.C., deserve to be heard more expeditiously than ordinary suits.
(3.) THE Supreme Court in the following authorities has held that all efforts must be made to avoid remand and in case it is possible to decide the case finally, then High Court shall decide the matter finally instead of remanding the matter. 1. G. C. Kapoor v. N. K. Bhasin, AIR 2002 SC 200 : 2001 (2) ARC 603 : 2002 (1) AWC 73 (SC). (In this case, release application of the landlord filed on the ground of bona fide need was rejected by all the three Courts, i.e., prescribed authority, revisional court and High Court. Supreme Court quashed all the three judgments and finally allowed the release application of the landlord.) 2R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami and V. P. Temple, AIR 2003 SC 4548 : 2004 SCFBRC 66 : 2004 (1) ARC 137 : 2004 ACJ 304 (SC). 3.R. C. Kesharwani v. Dwarika Prasad, 2002 (2) ARC 298 (SC). 4.Shail v. Manoj Kumar, 2004 ACJ 1213. In this authority, Supreme Court has held after placing reliance upon Surya Dev Rai v. R. C. Rai, 2003 (6) SCC 675 : 2003 (2) ARC 385, that in exercise of writ jurisdiction High Court has got the jurisdiction also to pass itself such a decision or direction as the inferior Court or Tribunal should have made.;