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2016 Supreme(Jhk) 117

AMITAV K.GUPTA
Vijay Kumar Sinha – Appellant
Versus
Raj Kiran Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Nagmani Tiwari, Advocate
For the Respondents:Mr. P.A.S. Pati, Advocate,

ORDER :

Mr. Manjul Prasad, learned senior counsel, in course of argument, has raised the question whether the second appeal is maintainable after coming into force of Jharkhand Buildings (Lease, Rent & Eviction) Control Act, 2011 as the words and expression of Section 47 categorically states that anything done or any action taken in exercise of any powers conferred by or under the Repeal Act, shall be deemed to have been taken under this Act, as if this Act was in force on the day on which such thing or action was done or taken.

2. Learned senior counsel has submitted that if such words are to be interpreted literally then in terms of Chapter – VII of the Act, the powers of the controller and appellate authority and the revisional authority have been enumerated under Sections 32, 36 and 37. Thus in view of the language of the statute whether the suits pending in the trial court, appeal preferred against the judgment rendered in the suit would lie before the lower lower appellate court likewise whether the second appeal or revision would be entertainable by this Court. Learned senior counsel has also pointed out that in some of the Acts, e.g., Debt Recovery Tribunal Act, Hindu Success













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