MONILAL Vs. K NARAYANA

JUDGEMENT

(1.) The question raised in this revision petition is of utmost importance and frequent occurrence, the question being whether an order of eviction passed by a Court of Rent Controller pursuant to an order of remand made by the appellate Court constituted under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act is a nullity and incapable of execution on the ground that the appellate Court had no power to remand the petition for eviction for further enquiry. The learned counsel appearing for both the parties submit that there is no decided case of this Court or of any other High Court on the question raised. I am therefore of the opinion that the question raised may be decided by a Division Bench of this Court. Place the papers before the Honourable the Chief Justice for posting this case before a Division Bench of this Court. Pursuant to the above order of reference dated 9-4-86 the petition came on for hearing before the Division Bench and the Court delivered the following.

(2.) This C. R. P. arises out of rent control proceedings. The petitioner is the landlord. He filed R.C. No. 2/78 for eviction of the res pondent tenant on the ground of wilful default. The Rent Controller dismissed the petition on 29-8-1978. The matter was carried in appeal in R. C. A. No. 3/78, which was allowed by the appellate authority on 23-10-1979 and the case was remanded to the Rent Controller. On remand, the Rent Controller held a fresh enquiry and allowed the petition on 30-8-1980. It is said that the respondent was exparte. The order of eviction dt. 30-8-1980 has become final. The petitioner thereupon filed E.P. No.23/80 for execution. In the E.P., an objection was taken by the respondent-tenant on the ground that the order of eviction is a nullity and the same cannot be enforced. It was contended that the appellate authority under the Rent Control Act has no power to remand, and consequently, the order of the appellate authority dated 23-10-1979 remanding the case is illegal The order of eviction passed by the Rent Controller pursuant to the order of remand is equally illegal and non est in law. This contention was accepted by the Rent Controller and E. P. was dismissed on 18-2-1982. Aggrieved by the same, the landlord has come now up in revision. When the matter came up before our learned brother Ramanujulu Naidu, J. the learned Judge referred it a Bench. Thus, the matter is before us.

(3.) The short question for consideration is whether the order of the appellate authority under the Rent Control Act remanding a case is a nullity ?