ULLAL DINKAR RAO Vs. MRATNA BAI

JUDGEMENT

(1.) On an application made by the respondent under Section 8 of the Madras Buildings (Lease and Rent Control) Act, her landlord the petitioner was directed by the Controller to restore to the respondent the amenities of a cow-shed and a bath-room both of which had been destroyed by heavy rains in the year 1954. The finding o the Controller was that it was the continued neglect on the part of the Petitioner, who had made an unsuccessful attempt to evict the Respondent, to prevent erosion of the walls of a storm water drain, that caused the destruction of these portions of the leased building.

(2.) The Petitioner's appeal to the appellate authority against that order failed, and his revision petition to the District Court of South Kanara under Section 12-B of the Act was also dismissed. This further revision petition is directed against the order of the District Court, under Section 115 of the Code of Civil Procedure.

(3.) Mr. Karanth learned Advocate for the Respondent raised a preliminary contention that this revision petition was not maintainable. His argument was that the order of the District Court dismissing the revision petition presented by the Petitioner, could not be further assailed under the provisions of Section 115 of the Code of Civil Procedure. It seems to me that this preliminary objection has to fail for the reason that the District Court which heard the Petitioner's revision petition under Section 12-B of the Act is a Court subordinate to this Court and! not a persona designata.