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1971 Supreme(AP) 248

P.RAMACHANDRA RAJU, PARTHASARATHI, A.SAMBASIVA RAO
Changalal – Appellant
Versus
Narsingh Pershad – Respondent


( 1 ) IN this revision petition, the order of the Rent Controller, appealed against, was the direction given to the tenant to deposit a sum of Rs. 758. 00- as arrears of rent as per the provisions of Section 11 of the Act. The contention of the respondent tenant was that the petitioner was not his landlord. But on the landlord filing the sale deed in his favour for the premises concerned and rental agreements alleged to have been executed by the tenant prima facie found that there was the relationship of landlord and tenant and therefore he should deposit the arrears as per the provisions of Section 11. This is an order affecting the rights and liabilities of the parties and a mere procedural one, however summary the enquiry had been. Therefore this order is appealable.

( 2 ) THIS leads us to the merits of the order passed in appeal by the Chief Judge, Small Causes Court. The Chief Judge held that there was no proper enquiry regarding the relationship of landlord and tenant and remanded the case to allow the parties to adduce evidence in the case and dispose it of according to law. It is against this that the revision has been filed in this Court. The contention put forward now is

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