AVARONI SIPPORA Vs. GOPALAN P K

JUDGEMENT

(1.) THESE appeals are from the decision of Govinda Pillai, j. in O. P. No. 65 of 1951 (1951 KLT 337) quashing an order of the Government under the Travancore Cochin Buildings (Lease and Rent Control) Order, 1950. A. S. 666 of 1953 is by the owner of the building concerned and A. S. 64 of 1954 by the Chief Secretary to the Government of Travancore Cochin.

(2.) THE owner of the building filed the petition No. 57 of 1124, before the Rent Controller, Ernakulam, for the eviction of her tenant, the first respondent in both the appeals. THE petition was partly allowed by the Rent Controller and both she and the tenant filed appeals before the district Magistrate, Trichur, who by a joint order dated 29. 10. 1950, held that there was no ground for eviction and dismissed the petition. THE owner of the building then filed a revision petition before the Government of Travancore cochin and by their proceedings dated 8. 6. 1951 the Government allowed the revision petition and directed the eviction of the tenant. THE tenant subsequently moved this court by O. P. No. 65 of 1951 and succeeded as stated in paragraph 1 above.

(3.) S. 13 under which the Travancore Cochin Buildings (Lease and Rent Control) Order, 1950, was issued, S. 22 which provides for appeals and S. 15 which permits a delegation of the powers of Government all occur in Chapter III of the Travancore Cochin Public Safety Measures Act, 1950. S. 22 reads: "an appeal shall lie to the Government from any decision made by an officer of the Government in exercise of the powers conferred on such officer by or under this Chapter and the decision of the government thereon shall be final". and S. 15 is in the following terms: "the Government may by order direct that any power which is conferred upon the Government under this Chapter shall in such circumstances and under such conditions, if any, as may be specified in the direction be exercised or discharged by any officer or authority subordinate to government. "