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1981 Supreme(Mad) 516

BALASUBRAMANYAN, PADMANABHAN
M. A. Rajarathnam – Appellant
Versus
J. Rajammal – Respondent


Advocates:
V. Krishnamurthi, for Petitioner; K. C. Rajappa, for Respondent.

Judgement

BALASUBRAHMANYAN J. :- This case comes before us on a reference by Swamikkannu J. The question is whether in a revision filed under Sec.25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960. the revision petitioner is entitled to exclude the time taken for obtaining a certified copy of the order of the appellate authority for purposes of limitation. Since the learned Judge felt some difficulty in the matter, he referred the question to be decided by a Bench.

2. Under the scheme of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Rent Control Act), proceedings in the first instance are heard and determined by the Rent Controller. Against any order passed by the Rent Controller, Sec.23 of the Rent Control Act provides for an appeal to an appellate authority. From an order passed by an appellate authority, a revision lies to this court under Sec.25 of the Rent Control Act. It has been held by the Supreme Court in a recent decision that notwithstanding the wide language used in describing the power of revision of the High Court under Sec.25 of the Act, that, in essence, is only a revisional jurisdiction and not an appe


















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