1979 INSC 0243
                                                         Joseph

                                                           Vs

                                                        Devassy

                                          Civil Appeal No. 2306 of 1969

                     (CJI Y. V. Chandrachud, P. N. Shinghal, O. Chinnappa Reddy JJ)

                                                      25.04.1979

                                                        ORDER

1. The Rent Controller, the Sub-Judge in appeal and the District Court in revision, came to the
conclusion concurrently that the contractual rent of Rs. 100 per month would be the fair rent of the
premises. Sitting in revision under Section 115 of the Code of Civil Procedure the High Court has
remanded the matter to the Sub-Judge, with liberty to the parties to lead further evidence before
him. We do not think that the remand was really necessary in the context of the concurrent finding
recorded by the three courts. Accordingly we set aside the order of remand passed by the High
Court dated March 31, 1969 and confirm and order passed on June 22, 1968 by the District Court
fixing the fair rent at Rs. 100 per month.

2. The appeal is accordingly allowed but there will be no order as to costs.

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