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Swami Gyanprakash vs. The Appellate Rent Tribunal & Ors.

42.00 4.20

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Rajasthan Rent Control Act, 2001–Sec. 9–Transfer of Property Act, 1882–Sec. 106–Rent Tribunal converted the eviction petition u/s. 106 of T.P. Act and decided the same–In appeal, the Appellate Tribunal remanded back the matter with the view that the petition was decided u/s. 9 of Act of 2001 where as it was a suit u/s. 106 of T. P. Act–Justification–A perusal of impugned order shows that the case has been determined and decided as per provisions of Act of 1882–View of Appellate Tribunal that the Tribunal decided the case summarily without recording issue wise findings is per se perverse and contrary to the facts of record–Appellate Tribunal committed the error of law in remanding the matter–Order passed by it set aside and appeal restored for deciding afresh.