MURAGANI RAMALINGAM Vs. KONDAPALLI GURUMURTHY REDDY

JUDGEMENT

(1.) This petition raises an important question as to the power of the High Court under Arts. and 228, Constitution of India to transfer an application filed under the Madras Buildings (Lease and Rent Control) Act from the file of the Rent Controller to the High Court.

(2.) The second respondent before the Rent Controller is the petitioner is this petition. The respondent in the present petition filed B. A. P. No. 3 of 1953 on the file of Rent Controller, Gudivada, under S. 4, Madras Buildings (Lease and Rent Control) Act, 1949, on 11.2.1953 for the fixation of fair rent. On 24.3.1953, the petitioner herein filed his counter. The petition was enquired into. The respondents counsel concluded his arguments on 27.10.1954. On that day, the respondent (Petitioner herein) filed an application under O. 27-A, Civil P. C. before the House Rent Controller. That petition is pending. On 29.10.1954 the present petition has been filed in this Court.

(3.) It is alleged by the petitioner that the respondents petition is not maintainable, that S. 4, Madras Buildings (Lease and Rent Control) Act, 1949, violates the fundamental rights of every citizen guaranteed under Art. 19 of the Constitution, that the said section places restrictions that are not reasonable and are not justified in public interest ; that the Madras Buildings (Lease and Rent Control) Act and in particular S. 4 of the said Act is ultra virew the powers of the Legislature. It is further submitted that on the formation of the Andhra State, the Madras Buildings (Lease and Rent Control Act has ceased to be in force in the Andhra State and the Rent Controller has no jurisdiction to proceed with a petition under S. 4. It is, therefore, prayed that the High Court may withdraw the proceedings in B. A. P. No. 3 of 1953 on the file of the Rent Controller, Gudivada to the file of the High Court.