S NRAJAN Vs. V SGOVINDARAJ MUDALIAR

JUDGEMENT

(1.) The suit in respect of which this appeal arises, was filed by the plaintiff-appellant for a declaration that the order passed by the District Judge, Civil Station, Bangalore, in appeal against the order in H. R. C. 106 of 1948, (directing his eviction) was without jurisdiction, as the defendant-respondent of whom he is a tenant, had not terminated the tenancy by the issue of a proper notice before he applied to the House Rent Controller for his eviction. The plea that the tenancy had not been terminated by issue of a notice or otherwise was not taken before the House Rent Controller. It was not contended before him that he had no jurisdiction on any such ground. All the same it is contended that the civil Courts have jurisdiction to ascertain whether the House Rent Controller has exceeded his jurisdiction, in passing an order of eviction, & the decision of this Court in -- 'Gururajachar v. Rangiah', 52 Mys H C R 455 has been relied on.

(2.) There is hardly any doubt that an order passed by the House Rent Controller on matters about which he has no jurisdiction is ultra vires and could be questioned in a Civil Court. As observed in the decision relied on at p. 403 :

(3.) It is no doubt true that there are other observations in -- 'Gururajachar v. Rangiah', 52 Mysore H. C. R. 455, which may support a contrary view and the question whether the case has to be referred to a Full Bench was anxiously considered by us. It must however be stated that that course is not necessary, as in that case it was found as a matter of fact that the lease had been terminated and the question as to whether the civil Courts have jurisdiction to reconsider the matter had not arisen at all for consideration. Following with respect the view expressed in the later decisions of the Madras High Court we hold that it is not open to a tenant to question that the order of the House Rent Controller for his eviction is without jurisdiction on the ground that the lease had not been terminated by issue of a notice or otherwise. The judgments and decrees of the lower Courts are therefore upheld and this appeal stands dismissed with costs. Vasudevamurthy, J.