- (1.) The tenant-petitioner has filed this revision against the order of the Appellate Authority, Gurgaon, dated 28th March, 1977, whereby the order of the Rent Controller dismissing the application for ejectment, has been set aside and the case has been remanded for retrial.
(2.) The landlord filed an application for ejectment against the tenant-petitioner. One of the pleas taken by the tenant is that there is no relationship of landlord and tenant between the parties. The Rent Controller framed the following issues : 1. Whether the relationship of landlord and tenant subsists between both the parties ? 2. Whether the applicant has given valid notice to the respondent under Section 106 of the Transfer of Property Act ? 3. Whether the respondent is liable to be evicted on grounds mentioned in paras 4, 2 and 3 of the application ? The application for ejectment was dismissed by the Rent Controller vide his order dated 8th November, 1976, on the ground that there is no relationship of landlord and tenant subsisting between the parties. No finding was given on the other issues. In appeal, the Appellate Authority has set aside the finding given by the Rent Controller and remanded the case to the Rent Controller for fresh decision on merits alter allowing the parties to adduce additional evidence, if any. Feeling aggrieved against this order, the tenant-petitioner has come up in revision to this Court.
(3.) The learned counsel for the petitioner has cited a judgment of this Court in Civil Revision No. 965 of 1976 (Raghu Nath v. Romesh Duggal and another), decided on 1st August, 1979, in which it has been hold that the Appellate Authority has no power to remand the case for a fresh decision under the East Punjab Urban Rent Restriction Act, 1949. In face of this judgment, the order of the Appellate Authority is liable to be bet aside. Moreover, there is already evidence on the record adduced by the parties in the Court of the Rent Controller and the matter could be decided on that evidence. However, as no finding has been given by the Rent Controller, on the other issues, a report could be sent for and on receipt of the report, the appeal could be decided on merits Consequently, this petition succeeds, the order of the Appellate Authority is set aside and it is directed than the appeal be decided on merits after sending for the report from the Rent Controller on other issues. The parties through their counsel have been directed to appear before the District Judge Gurgaon, on 20th February, 1980. Revision allowed.;