J.V. Gupta, J. - (1.) THIS revision petition is directed against the order of the Appellate Authority, Gurgaon, dated October 27, 1988, whereby the order of the Rent Controller dismissing the ejectment application was set aside and the case was sent back for deciding the matter afresh - -by the Rent Controller.
(2.) THE Landlords Ram Singh and Ratti Ram filed ejectment application against their tenant Manga Parshad. The Rent Controller dismissed the same on November 14, 1987. In appeal, the landlords moved two applications, one for the appointment of a local commissioner afresh; and the second for leading additional evidence on the point of adoption of Vijay Pal by Ratti Ram, landlord. The learned Appellate Authority allowed the first application for appointment of a local commissioner whereas the second application was dismissed. Consequently, the order of the Rent Controller was set aside and the case was sent back for deciding the matter afresh after appointing a local commissioner for obtaining his report and then to decide the matter afresh. The main argument raised on behalf of the Petitioner is that the Appellate Authority had no jurisdiction to set aside the order of the Rent Controller and then to remand the whole case for deciding it afresh. At the most, a report could be sent for from the Rent Controller appointing a local commissioner, if any and then the appeal should have been decided on merits in accordance with law.
(3.) I find merit in this contention The only course open to the Appellate Authority was to send for a report after appointing a local commissioner by the Rent Controller. The order of the Rent Controller as such could not be set aside and the case could not be remanded for fresh decision. Consequently this revision petition succeeds. The order of the Appellate Authority is set aside to the extent whereby the order of the Rent Controller has been set aside and the case has been remanded for fresh decision. However, it will be open to the Appellate Authority to send for a report from the Rent Controller after appointing a local commissioner and then to decide the appeal in accordance with law.;