IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.Prabha Sridevan, J.
S.Parameshwaran Pillai
Versus
The Deputy General Manager, Tele Communication, Trichy and others
C.R.P. (N.P.D.) No.2419 of 2001 and C.M.P.No.21593 of 2001
Decided On : 30 July 2003
2. Learned counsel for the petitioner relies on the judgment in N.Bacherlal v. S. Subhash Chandra Bose, (2002)3 M.L.J. 500, where the order of the Appellate Authority remanding the matter was set aside directing the Rent Control Appellate Authority to decide the matter afresh and in accordance with law.
3. Sec.23(3) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 gives the Appellate Authority the power to decide the entire matter afresh and therefore, the Appellate Authority could have either called for the findings from the Rent Controller or on the basis of the documents available before him, assessed the fair rent in accordance with law. In the decision referred to above, the learned Judge has referred to other decisions of this Court where it has been held that the Rent Control Appellate Authority has no such power of remand. In this view of the matter, the order of the Rent Controller is set aside and the Rent Control Appellate Authority shall decide the matter afresh and in accordance with law and fix the fair rent as required under the Act. Time for disposal of the appeal is three months from the date of receipt of this order. The revision is disposed of accordingly. No costs. Consequently, connected C.M.P. is closed.
N. Bacherlal v. S. Subhash Chandra Bose : [2002] 3 M.L.J. 500
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