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 learned Single Judge formulated and referred the following question for decision of the larger bench.
The appellant is the tenant of the leased premises in dispute.
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 deposits with the Rent Control Court or the appellate 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 or deposit and companytinues 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?
If the Appellate Authority decides to make further enquiry he may take additional evidence or require such evidence to be taken by the Accommodation Controller or Rent Control Court, as the case may be.
The appellate authority shall call for the records of the case from 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.
The final decision given shall be reduced into writing.
In the absence of any party duly summoned to attend, the appeal may be decided exparte.
Learned Single Judge of the High Court formed an opinion that a decision of the Division Bench of the High Court in the case of Binapani Roy vs. State of Tripura 1994 1 GLR 98, in the light of subsequent decision of the Supreme companyrt on identical provisions of Kerala Act in the case Chinnamma vs. Gopalan 1995 6 SCC 491, requires reconsideration by a larger bench.
On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.
Dharmadhikari J. This appeal is directed against the order dated 21.6.2001 passed by the High Court of Gauhati.
