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1997 Supreme(AP) 9

S.R.NAYAK
Shaik Bandagi Saheb – Appellant
Versus
Shaik Nurulla Saheb – Respondent


S. R. NAYAK, J.

( 1 ) AN important question of law of general importance whether the appellate court acting under Section 20 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, for short the Act , has the power to remand the proceedings to the Rent Controller for fresh trial and disposal, arises for consideration and decision in this Civil Revision Petition.

( 2 ) THE facts leading to the filing of the Civil Revision Petition be stated briefly as under: the respondent herein filed R. C. C. No. 23 of 1993 against the petitioner herein for his eviction from the petition schedule premises on the ground of wilful default in payment of rent in the Court of the Rent Controller, Ongole. The petitioner filed his counter inter alia contending that there is no landlord and tenant relationship between him and the respondent. In the said R. C. C. the respondent herein filed I. A. No. 183/94 under Section 11 (4) of the Act with a prayer for eviction of the tenant from the petition schedule premises. The learned Rent Controller by his order dt. 8-7-1994 dismissed LA. No. 183/94. The respondent herein preferred an appeal R. C. A. No. 5/95 to the Prl. Subordinate Judge, O










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