JUDGMENT
V.K. Jhanji, J.
1. Petition for fixation of fair rent, filed by the landlords was allowed by the Rent Controller. The fair rent of the building in dispute was fixed at Rs. 2142/- per month, to be operative from the date of filing the petition. Landlords being not satisfied with the amount, filed an appeal before the appellate Authority. The appellate Authority set aside the finding of the Rent Controller on issues No. I and 2 and remanded the case to the Rent Controller for giving finding afresh on issues No. 1 and 2 after giving opportunity to the parties for adducing evidence, if any, and then decide the case in accordance with law. The order of the appellate Authority is being challenged in the present revision petition.
2. Learned counsel for the parties agree that this revision petition has to be allowed as the appellate Authority under the Haryana Urban (Control of Rent and Eviction) Act, has no power to remand the case with a direction to the Rent Controller to decide the ejectment petition afresh on merits In support of this, reliance has been placed en a judgment of this Court in Hari Ram v. Firm Ram Parkash Shanti Lal (1992-1)101 P. L. R. 362, through Sh. Ram Parkash Malik
3. Consequently, this revision petition is allowed, and the impugned order is modified to the extent that instead of remanding the case to the Rent Controller, the appeal shall remain pending before the appellate Authority, and the Rent Controller shall only seed a report on issues No. 1 and 2 after giving opportunity to the parties to lead evidence on the said issues. The Rent Controller shall make an endeavour to send his report within a period of three months. After receipt of report, the appellate Authority shall decide the appeal in accordance with law.
4. There shall be no order as to costs.
5. Parties through their counsel are directed to appear before the Rent Controller on 6-8-1993.