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1987 Supreme(AP) 733

UPENDRA LAL WAGHRAY
MUNILAL – Appellant
Versus
KURVA NARAYANA – Respondent


RAMANJULU NAIDU, J.

( 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




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