S.B.SINHA, Y.V.NARAYANA
Beebanu – Appellant
Versus
Abdul Rasheed – Respondent
( 1 ) INTERPRETATION of Sub-section (3) of Section 20 of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short the Act) read with Rule 11 (2) of the A. P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 (for short the Rules ), falls for determination in these references:
( 2 ) SECTION 20 (3) of the Act reads:the appellate authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as he thinks fit either personally or through the Controller, shall decide the appeal.
( 3 ) THE learned Counsel appearing on behalf of the petitioner would submit that the power of the appellate Court to remand the matter to the Rent Controller, is circumscribed by reason of Sub-section (3) of Section 20 of the Act, and in support of his submission, he placed reliance upon the judgments of this Court in Ekramuddin v. Smt. Sheela Bai Ekbote, 1972 APHN 3, and Konduru Ammannachary v. Rahima Khatoon, 1984 (2) ALT 364. The learned single Judge, upon noticing a judgment of the Division Bench of this Court in Munilal v. Kurva Narayana, 1988
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