V. KESAVAN Vs. K.S. RAGHAVAN AND ORS.

JUDGEMENT

(1.) THIS is an application by a tenant of a building situated in the Municipal town of Alleppey for quashing an order passed by the Government on 31 -1 -1950 reviewing their earlier order dated 13 -9 -1949 as having been passed without jurisdiction.

(2.) THE third Respondent is the landlord. He filed R.C. Petition No. 52 of 1123 under the Travancore Building Rent Control Order, 1122, for eviction of the Petitioner on two grounds, first, default in the payment of rent, and second, necessity of the premises for the landlord's own occupation. These are grounds which if made out would entitle the landlord to the relief sought. The Rent Controller found against the landlord on both the points and dismissed the application by order dated 20 -3 -1124. On appeal by the landlord to the Appellate Authority who is the District Magistrate the order of the Rent Controller was reversed on a finding that the tenant was in arrears. No finding was recorded upon the second point on which also the order for eviction was sought and made. The tenant applied to the Government for revision of the said order and succeeded, the Government being of the view that the order passed by the Appellate Authority was wrong and the one passed by the Rent Controller is right which was, therefore, restored by order dated 13 -9 -1949. The third Respondent filed an application for review of the order passed by Government on revision. The application for review was filed on 27 -5 -1949 and was disposed of on 31 -1 -1950 by the order which has led to this application.

(3.) LEARNED Counsel for the Petitioner contends that the Government acted without jurisdiction in entertaining this application for review and passing an order thereon.