Power of Rent Control Appellate Authority

Querist : Anonymous (Querist) 22 October 2009 This query is : Resolved
Is the Rent Control Appellate Authority is having powers to remand the matter back for adducing additional evidence?

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Querist : Anonymous (Querist) 22 October 2009
No. The appellate authority is having powers only to call for records relating to the case and can only go through the finding and can rectify.

Raj Kumar Makkad (Expert) 22 October 2009
The authority under Rent Control Act is empowered the same powers as vested in Civil appellate Court and CPC is applicable in such cases so like District Judge, if any appellate authority finds any lacuna to be corrected or any findings to be iven by lower court, it can do so within its rights and powers.

H. S. Thukral (Expert) 23 October 2009
Dear Mr. Makkad

The query is whether the Appellate Tribunal can remand back the case to rent controller for adducing additional evidence. I have given an answer to the query repeated in forum also. Kindly check up whether I am correct or not.

Querist : Anonymous (Querist) 23 October 2009
I am from Tamilnadu ... so deal with this

Adinath@Avinash Patil (Expert) 24 October 2009
IF APPELLATE AUTHORITY FINDS ANY FINDINGS TO BE GIVEN BY LOWER COURT HAS POWER TO REMAND MATTER IN LOWER COURT.

Querist : Anonymous (Querist) 24 October 2009
IS IT RIGHT TO REMAND THE MATTER TO REMAND THE MATTER BACK TO RENT CONTROLLER ONLY FOR MARKING A DOCUMENT WHEN THERE IS PROVISION TO CALL FOR THE SAME AND APPELLATE AUTHORITY CAN MARK IT?

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