Civil Revision No. 3524 of 2009 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3524 of 2009 Date of decision : 2.3.2010 Vinay Kumar and another Petitioner Versus Mahant Tarn Parshad & others Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. B.R.Mahajan, Advocate for the petitioner S. D. ANAND, J. The learned counsel appearing on behalf of the petitioner-tenant is factually correct when he argues that the impugned judgment by the Appellate Authority cannot, at all, be considered to be a judgment in the sense that it does not contain a discussion of the issues raised before it. It would be apparent, from a perusal of the judgment under challenge, that it consists of 17 paras and it is only para 16, which was devoted to the consideration of the issues addressed to the Court. The relevant para is extracted hereunder:- “After considering the various arguments, facts, circumstances and in the light of above said citations, this Court is of the considered opinion that there is no infirmity or the illegality in the finding of issue Nos. 3 & 4 of learned Lower Court. As such, the findings of the learned lower Court is affirmed on these issues.” Civil Revision No. 3524 of 2009 -2- *** Para 1 notices the filing of the appeal. Para 2 notices the issuance of notice to the respondent and also the summoning of record. Para 3 is devoted to the quotation of the pleadings raised by the respondent-landlord. Para 4 is devoted to the pleadings raised by the petitioner herein. Para 5 notices that non entering appearance on behalf of respondents no.2, 3 and 4. Para 6 talks of filing of replication. Para 7 quotes the issues. Para 8 notices witness examined by both the parties. Para 9 notices the facts of allowance of the ejectment plea by the learned Rent Controller. Para 10 is to the effect that the learned counsel for the parties had been heard and file had been perused. Para 11 notices that issues no.1 and 2 were not pressed before the Appellate Authority. Para 12 notices the grievance indicated by the petitioner-tenant to the finding recorded by the learned Rent Controller therein. Para 13 is the rebuttal thereof on behalf of the respondent-landlord. Para 14 indicates the witnesses examined by the respondent-landlord; while para 15 indicates the witnesses examined by the petitioner herein. Para 17 records that the appeal was being dismissed as being without any merit. That is I am sure is not the way the judgment should be rendered. The Court at hierarchical levels pertaining to the Trial Court and the Ist Appellate Court are mandated to notice the respective contentions of the parties, relate the same to material obtaining on the file and to, then, record the own finding of the Court. In first appeal, the Appellate Authority would be obliged by law to notice the finding recorded by the learned Rent Controller under Civil Revision No. 3524 of 2009 -3- *** each issue the criticism directed at those finding at the instance of the appellant and the resistance offered thereto on behalf of the party opposite and thereafter to record its own finding alongwith reasons thereof. If the Ist Appellate Court agrees with the line of reasoning adopted by the learned Rent Controller, it would proceed to say so and referred to the relevant evidence supportive thereto. If it is a finding of reversal, it would be incumbent upon the Ist Appellate Authority to indicate why it has opted to vary the finding recorded by the learned Rent Controller. Though, the judgment under challenge falls in the first category, it does not come up to the requirement of essentials of a judgment. The facts noticed above being apparent from a perusal of the judgment under challenge itself, it would be a wastage of time to issue notice of motion to the party opposite because the latter would not be able to make a presentation to the contrary insofar as the factual state is concerned. In the light of foregoing discussion, the petition shall stand allowed in limine. The matter shall be listed before the learned Appellate Authority on 15.3.2010. The learned Appellate Authority shall dispose of the appeal on merits thereof within fifteen days therefrom. In the meantime, it will be for the learned Appellate Authority to notify the next date of hearing to the party opposite. March 02, 2010 (S. D. ANAND) Pka JUDGE