VEMURI ETHIRAJAMMA Vs. NUNE RAGHAVULU SETTI

JUDGEMENT

(1.) This is a petition to revise an order passed by the District Judge of Nellore under section 12-B of the Madras Buildings (Lease and Rent Control) Act, 1949 (hereinafter referred to as 'the Act'), as amended by Act VIII of 1951 reversing the appellate order of the Subordinate Judge, Nellore.

(2.) The respondents are the tenants of a godown situate in Kavali, of which the petitioner is the landlord. An application for eviction was filed by the petitioner before the Rent Controller on two grounds : (1) that the tenants had made wilful default in respect of the rents for the godown from 1st July, 1949 to 31st May, 1951; and (2) that the godown was required for carrying on the landlord's own business. The Rent Controller held against the petitioner on both the points, and thereupon the petitioner preferred an appeal to the Subordinate Judge, Nellore, who is the appellate authority under the Act. The appellate authority reversed the decision of the Rent Controller and directed an eviction of the godown by the respondents holding on both the points in favour of the landlord. The District Judge, Nellore, before whom the tenants preferred a revision, reversed the decision of the appellate authority. It is the order of the District Judge that is the subject-matter of this revision petition. Mr. Ch. Ramakrishna Rao, in a clear argument, contended that the District Judge exceeded the jurisdiction vested in him under section 12-B of the Act by constituting himself a Court of appeal ; that the findings arrived at by the District Judge are erroneous and that therefore this Court ought to interfere under section 115 of the Code of Civil Procedure.

(3.) Section 12-B of the Act which empowers the High Court and the District Court to revise the orders of the Subordinate tribunals, was inserted into the enactment by means of Amending Act VIII of 1951, and it came into force on the 1st of May, 1951 having been published in the official Gazette on that date, though it received the assent of the Governor on 21st April, 1951. Section I2-B runs as follows :