Search Results Page

Search Results

1 - 8 of 8 (1.68 seconds)
Smt. Sewati Devi vs Tulsi Ram on 8 December, 1989 cites

Daya Chand Hardayal vs Bir Chand on 17 May, 1983

4. This Court in Daya Chand Hardayal v. Bir Chand, 1987 (1) R.C.R. 306, had held that each and every order of the Rent Controller under the Haryana Urban (Control of Rent and Eviction) Act, 1973, (for short, the Act) is not appealable and appeal lies against orders of the Rent Controller passed under Sections 4, 10, 12 and 13 of the East Punjab Urban Rent Restriction Act, 1949 and that Notification No, 1562-CR 47/9228, dated April 14,1947 issued by the Punjab Government specifying classes of cases where appeal, would lie is still applicable in Haryana and Notification No, S. O. 71/HA- 11/73/S-78, dated May 8, 1978 issued by the Haryana Government is confined only to the forum for the appeal and in no way effects the classes of cases which alone had been earlier made appealable by notification of the Punjab Government, dated, April 14, 1947, In the light of this authoritative pronouncement by a Full Bench of this Court, it is difficult to hold that an appeal was competent against the order of the Rent Controller dismissing the eviction application for non-prosecution. The Appellate Authority is in error in holding that it had power to set aside an order of Rent Controller and remanding the case to him for retail and re-decision Section 15 of the Act does not confer any right on the Appellate Authority to remand the matter for fresh disposal. Sub-Section (4) of Section 15 for the Act empowers the Appellate Authority to decide the appeal after making such further enquiry as it thinks fit either personally or through the Rent Controller. It is specifically provided that the appellate Authority shall decide the appeal, the only power that is left with the Appellate Authority is that it may either make further enquiry personally or it may call upon the Rent Controller to make such further enquiry, but the decision can only be given by the Appellate Authority. This means that the appeal could remain pending with the Appellate Authority till the enquiry is completed and the report is sent by the Rest Controller to the Appellate Authority. The order of remand directing further enquiry and them decision by the Rent Controller on merits is not warranted by the statute. The order of the Appellate Authority cannot be sustained on she ground that appeal was not competent and it had no right to remand the ease to the Rent Controller for making further enquiry and re-decision.
Punjab-Haryana High Court Cites 32 - Cited by 11 - Full Document
1