BHAGAT ESTATES LTD Vs. ACCOMMODATION CONTROLLER MADRAS

JUDGEMENT

(1.) This is an application for issuing a writ of certiorari to quash the order of the Accommodation Controller of Madras dated 4-12-1951. The petitioners are the owners of premises No. 79-A and B, Sembudoss Street, G. T., Madras. It fell vacant on or about 24-9-1951. The petitioners gave notice of vacancy to the Accommodation Controller by letter dated 24-9-1951. On 6-10-1951, they informed the Accommodation Controller that the notice was given under a mistaken impression that the rent was about Rs. 26-10-0. The petitioners let that room to A. A. Kapodia and he has been occupying that room with his family. On 10-12-1951, i.e., three months after the notice of vacancy was given, the petitioners received a notice by the Accommodation Controller under Section 3(8) of the Act, demanding delivery of immediate possession within seven days of the receipt of the said notice. The petitioners complain that the rent of the premises in question does not exceed Rs. 25 and, therefore, the Accommodation Controller has no jurisdiction to issue the said order.

(2.) The relevant provisions of the Act are as follows : The Bhagat Estates Ltd. vs. The Accommodation Controller, Madras (15.02.1952 - M... Page 2 of 3 gat Estates Ltd. vs. The Accommodation Controller, Madras (15.02.1952 - M... Page 2 of 3

(3.) It is clear from the aforesaid provisions that the Accommodation Controller has no jurisdiction to act under this section unless the monthly rent of the building is more than Rs. 25. When the petitioners took the objec tion that he had no jurisdiction, the Accommo dation Controller should have found, on the material furnished by the petitioners, whether the rent of the premises was more than Rs. 25. When a statute confers jurisdiction upon a tribunal, subject to a condition, the tribunal cannot exercise the jurisdiction unless the con dition exists. The order of the Accommodation Controller is quashed and he is directed to de cide, whether the monthly rent of the premises in question is more than The Bhagat Estates Ltd. vs. The Accommodation Controller, Madras (15.02.1952 - M... Page 3 of 3 gat Estates Ltd. vs. The Accommodation Controller, Madras (15.02.1952 - M... Page 3 of 3 Rs. 25. This petition is allowed, but as the petitioners themselves issued the notice to the Accommodation Con troller under Section 3(1) of the Act, this is not a fit case for awarding costs.