SOHAN LAL DHOL AND OTHERS Vs. GUR DEVI AND OTHERS

JUDGEMENT

(1.) This is a rule directed against an order passed by the Rent Controller, Delhi, Mr. K. P. Barman, dated 16-6-1948. An appeal was taken against this order to the learned District Judge under r. 11 of sch. 4 to the Delhi and Ajmer-Merwara Rent Control Act, 1947. The learned Judge allowed the appeal and reversed the order of the Rent Controller. Against this order a revision was filed in this Court and rule was issued by Falshaw J. By way of preliminary objection, Mr. Amolak Ram Kapur has submitted that no revision lies against this order and has relied on a Full Bench decision of this Court reported as Messrs. Pitman s Shorthand Academy v. Messrs. B. Lila Ram and Sons,1950 AIR(EP) 181.

(2.) Mr. Chona has submitted that I can interfere with this order under Art. 227 of the Constitution. But the order which is complained against is dated 12-5-1949 when the Constitution had not come into force and it has no retrospective effect. Their Lordships of the Privy Council in Delhi Cloth and General Mills Co. , Ltd. v. Income-tax Commissioner, 1927 AIR(PC) 242 have held that in the case of appeals no right of appeal arises where the decision appealed against is one prior to a subsequent Act which gives the power to the High Court to interfere. The power of superintendence given by Art. 227 is also of a similar nature and the observations of Lord Blanesburgh at p. 290 of the report seem to apply to this case. There it was said: