C.R. No.3830 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3830 of 2009 Date of decision : 27.1.2010 Kewal Kishan ....Petitioner Versus Kishan Lal ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Ashwani Bakshi, Advocate for the petitioner Mr. Amarjit Markan, Advocate for the respondent. S. D. ANAND, J. A plea filed by the respondent-landlord for ejectment of the petitioner-tenant (petitioner herein) came to be negatived by the learned Rent Controller, Amritsar, vide order dated 22.1.2008. However, in appeal, the finding was reversed. The ejectment plea was allowed and eviction of the tenant from the tenanted premises was ordered. The tenant is in revision. I have been through the judgment recorded by the learned Appellate Authority with the assistance of the learned counsel for the parties. The judgment, in all, consists of 17 paras. Issue no.1 became infructuous with the tender of appropriate rent. Issues No.3 and 4 were not pressed at the time of arguments. It is issue no.2 only which was relevant for adjudicatory exercise. The discussion under main issue no.2 is contained in para 15. Insofar as paras other than 15 are concerned, those have been utilized by the C.R. No.3830 of 2009 2 learned Appellate Authority for quoting the pleadings of the parties, the evidence adduced by them in support thereof and the judicial pronouncements relied upon by the parties in support of their respective pleas at the trial. It is only para 15 which contains what could possibly be described as adjudicatory discussion. A Court, exercising first Appellate jurisdiction, cannot obviously deal with an appeal in this manner. It must compulsively notice the respective contentions and, then, record its detailed finding by referring to whatever evidence had been relied upon by the parties in support of their respective contentions. To say the least, this manner of disposal of an appeal is inappropriate. That is the most charitable view I can take in the matter. In the light of foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. The parties, through their learned counsel, are directed to appear before the learned Appellate Authority on 8.2.2010. The learned Appellate Authority shall dispose of the matter afresh in the light of observations made by this Court by or on 15.2.2010. January 27, 2010 (S. D. ANAND) Pka JUDGE