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1980 Supreme(Ker) 267

G.VISWANATHA.IYER
SIGMA AGENCIES (P) LTD. – Appellant
Versus
P. V. THOMAS – Respondent


Judgment :-

1. The respondent in a Rent Control proceeding is the revision petitioner. An application for eviction was filed by a minor represented by his next friend (his mother) and after contest that was allowed by the Rent Control Court. The tenant tiled an appeal before the Appellate Authority. That Authority set aside the order and ail the findings entered by the Rent Controller and remanded the case on the sole ground that an application filed by a minor represented by a next friend is not a valid application. This was reversed on revision. The Revisional Court remanded the case to the Appellate Authority after holding that the application filed by a minor represented by a next friend is maintainable. The Appellate Authority was directed to take back the appeal on file and dispose of the same in accordance with law but subject to the finding of the revisional court. This is challenged in this revision petition.

2. The counsel for the petitioner contends that as Order XXXII CPC. has not been extended to proceedings under the Rent Control Act the petition in the manner filed is not maintainable. It is true that under S.23 the Rent Control Authorities are given powers of a civil




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