Surinder Singh vs Jeewan Chand and Others

V.S. Aggarwal, J.—This judgment will dispose of the three revision petitions No.398, 399 and 400 of 1982. All the three revisions are directed against a common judgment of the appellate authority, Amritsar dated 9th October, 1981. The learned appellate authority had dismissed the appeal holding that there is no relationship of landlord and tenant between the petitioner and the alleged tenant.

It is unfortunate that after 18 years of the present revision petition being pending the findings hereinafter being recorded have to be arrived at.

It goes without saying that the appellate authority in normal circumstances, is the final Court pertaining to facts. The findings, of the appellate authority pertaining to certain basic facts cannot be interfered with unless this Court under Sub Section (5) to Section 15 of the East Punjab Urban Rent Restriction Act, 1949 comes to a conclusion that they are erroneous, there is misreading of facts, absurd or there is a flow in law.

In the present case in hand the appellate authority while dismissing the appeal has not discussed the evidence, particularly of most of the witnesses that have been examined. During the course of arguments, attention of this Court was drawn to certain statements of the witnesses in this regard. There is no mention pertaining to those statements in the judgment of the appellate authority. In these circumstances, since the appellate authority, is the final court of fact, there is no option but to remand the case to the appellate authority to decide the appeal afresh after hearing the parties, counsel and by passing a speaking order. Order is made accordingly.

The parties are directed to appear before the District Judge/Appellate Authority, Amritsar on 11th August, 1999. He will either hear the appeal himself or assign it to a Court of competent jurisdiction. The appellate authority who is hearing the appeal will decide the same by 31st October, 1999.