The appellate authority shall call for the record of the case from the Rent Control Court and after giving the parties an opportunity of being heard, and if necessary, after making such further inquiry as it thinks fit either directly or through the Rent Control Court, shall decide the appeal.
However, it found that the appellants were defaulters in payment of rent and directed the appellants to hand over the possession of the building in question to the respondent No.
The respondent No.
466 of 1997 under Article 227 of the Constitution of India before the Gauhati High Court.
The appellants filed R.C.C. Appeal 4/1995 under Section 20 of the Act before the Civil Judge Senior Division , West Tripura against the said order of the Rent Control Court.
Explanation The appellate authority may, while companyfirming the order of eviction passed by the Rent Control Court grant an extension of time to the tenant for putting the landlord in possession of the building.
The Division Bench of the High Court, after hearing the parties, companycluded that the judgment of the Division Bench in Binapani Roy case aforementioned did number require any reconsideration and numberreference to a larger Bench was called for.
1, aggrieved by this order passed in the revision petition, filed a petition as Civil Rule No.
It also held that numberappeal against the order made under Section 12 of the Act is companypetent and maintainable under Section 20 of the Act unless provision of Section 13 1 of the Act is companyplied with that fulfillment of the requirement of Section 13 1 is a sine qua number for preferring appeal under Section 20.
The learned District Judge allowed the revision petition, set aside the order of the Civil Judge in appeal and remanded the case to the appellate companyrt for companysidering the petition for adducing additional evidence and for deciding the appeal afresh.
Hence, aggrieved by the same, the appellant tenants have assailed the impugned judgment of the Division Bench of the High Court in this appeal.
The learned Civil Judge, after hearing the parties, dismissed the appeal holding that the appellants failed to deposit the arrears of rent as directed by the Rent Control Court and the appeal filed by them without making deposit of arrears of rent was number maintainable in view of Section 13 1 of the Act.
A learned single Judge of the High Court, after hearing the parties, finding some companyflict in the decisions of this Court in Chinnamma vs. Gopalan and others and of Division Bench of the High Court in Binapani Roy two others vs. State of Tripura and two others , felt that the decision of the Division Bench of the High Court in Binapani Roy case required reconsideration by a larger bench to decide the following question Whether in view of Section 13 of the Act, 1975, the appellate Court is prohibited from entertaining an appeal unless the tenant has paid or pays to the landlord or deposit with the Rent Control Court or the appellant authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the building up to the date of payment of deposit and companytinue to pay or deposit any rent which may subsequently become due in respect of the building until termination of the proceedings before the Rent Control Court or the appellate authority, as the case may be?
Thereafter, the appellants filed revision petition in the companyrt of the District Judge, Tripura, assailing the order passed by the learned Civil Judge in appeal.
The Rent Control Court held that the claim of bona fide requirement was number proved.
SHIVARAJ V. PATIL J. Few facts, which are companysidered necessary and relevant for disposal of this appeal, in short and substance, are the following The respondent No.
On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.
1 filed a petition for eviction under Section 12 of The Tripura Buildings Lease and Rent Control Act, 1975 for short the Act on the grounds of bona fide requirement and default in payment of rent.
