ATMARAM Vs. MADANLAL RATHI

JUDGEMENT

(1.) THIS Is an application by Atmaram under Article 226, Constitution of India for issue of a writ of certiorari or mandamus against the Additional Commissioner Udaipur, and the Rent Controller, Udaipur.

(2.) THE case of the applicant is that he took a shop on lease from Shyamlal who has also been made a party to his application. Shyamlal made an application under the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance No. 22 of 1948 before the Rent Controller, Udaipur, on 9th December 1950. That application was decided on 28th September 1951, by which date the Rajasthan Premises Control of Rent and Eviction Act (17 of 1950) had come into force. THE applicant filed an appeal before the Commissioner, as provided in the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance (No. 22) of 1948. He also took the precaution of filing an appeal before the District Magistrate under Section 22 of Act 17 of 1950. THE appeal before the Commissioner was heard by the Additional Commissioner who, however, held that he had no jurisdiction to hear the appeal and returned it for presentation to proper authority on 10th December 1951. THE appeal, which was pending before the District Magistrate, was not decided up to 21st December 1951, when the present application was made in this Court. It was decided later and the District Magistrate held that he had no jurisdiction to hear the appeal. THE applicant's contention is that the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance (No. 22) of 1948, gave him the substantive right of appeal against the order of the Rent Controller. That right could not be, and has not been, taken away by the Rajasthan Act No. 17 of 1950, and therefore his appeal should be heard by some authority, and he should not be told, both by the Commissioner who was the authority under the (former) United state of Rajasthan Buildings (Lease and Rent Control) Ordinance (No. 22) of 1948, and by the District Magistrate who is now the Appellate Authority under the Rajasthan Premises Control of Rent and Eviction Act (No. 17) of 1950, that neither of them can hear the appeal.