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1973 Supreme(Mad) 71

P.S.KAILASAM
C. Kuttappa Nair – Appellant
Versus
S. S. A. Shahul Hameed – Respondent


Advocates:
R. V. Seshadri, for Petitioner in C.R.P; Nos. 1308 and 1450 of 1972.
V. Suresham for Mr. G, Krishnamurthy Iyer, for Petitioner in C.R.P. No. 1498 of 1972.
S. Jagadeesan, for Respondents 4 to 6.

ORDER.-

These three revision petitions have been filed by three of the tenants against a common order of the Appellate Authority remanding the eviction petitions for fresh disposal. Seven petitioners claiming to be entitled to the premises in question filed eviction petitions against various tenants. The Rent Controller found that the petitions were not maintainable on the ground that all the persons who are entitled to rights in the premises in question were not parties. On appeal, the Appellate Authority held that the petitions were maintainable, and remanded back the petitions to the Rent Controller for disposal on other matters of controversy in the light of the observations made by the Appellate Authority. In the three revision petitions filed by three tenants, the main contention raised is that the Appellate Authority has no right to remand the matter for fresh disposal to the Rent Controller.

3. The power of the Appellate Authority is defined in section 23 of the Madras Act (XVIII of 1960) (Madras Buildings (Lease and Rent Control) Act). Section 23 (3) provides:

“The Appellate Authority shall call for the records of the case from the Controller and after giving the parties an o




















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