9911796707
TMI Blog1979 (8) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioners are the landlords and Brindaban Respondent No. 1 is the tenant of the said accommodation. The Prescribed Authority by his order dated 20th Oct. 1976 rejected the release application. In appeal under Section 22 of the Act the Distt. Judge has agreed with the prescribed authority and dismissed the appeal on 29th April 1977. The Petitioners have challenged the orders dated 20th October 1976 and 29th April 1977 by means of the present writ petition in this Court. 3. Learned Counsel for the Petitioners has urged that the appellate order dated 29th April, 1977, passed under Section 22 of the Act is wholly an arbitrary order. No reasons have been given for holding that the need of the Petitioners was not genuine and neither any evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a view to enable the District Judge to judicially consider the facts on record and thereafter examine the findings recorded by the Prescribed Authority. This is the only appeal provided under the Act and as such it is the duty of the District Judge while deciding the appeal to consider all the relevant facts and circumstances and then give his decision. It is not to be lightly treated because after this appeal there is no further right of appeal granted to any other court. 8. Under Order 41 Rule 31 of the Code of Civil Procedure the appellate court is required to state the points for determination, the decision thereon and the reasons for the said decision. Reasons can only be given when the relevant and material evidence on record is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly and get an idea of the mind of the appellate court. In its absence it is not possible to find out what circumstances weighed with the court below making it to come to a certain conclusion. This will further ensure that no arbitrary order is passed by the appellate court. 11. Summing up, the following procedure should be adopted by the appellate court white disposing of an appeal: (1) Where the judgment of the appellate court is of reversal, the appellate court should consider all the relevant and material evidence on record and thereafter give reasons for the said decision. (2) Where the judgment of the appellate court is of affirmance it is not necessary that every piece of evidence is considered once again but there must be su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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