AKHTAR HUSEIN MUNSHI BAKER HUSEIN Vs. DESHRAJ BALMUKUND

JUDGEMENT

(1.) THIS revision arises out of proceedings before the Rent Controller and it is filed under S. 115, Civil P. C. as well as under Article 227 of the Constitution. So far as the filing of this application under S. 115, Civil P. C., is concerned, I think it cannot be considered, because a Division Bench of this High Court, - - 'Shri Krishna v. Badrilal', Madh., B. LR 1953 Civ. 144 (A), has held that application of this nature under S. 115, Civil P. C. is incompetent.

(2.) IN considering the matter under Article 227 of the Constitution, I must briefly refer to the facts of the case. The opponent, on 15 -3 -1948, filed a suit for the reduction of rent in the Court of Civil Judge, Morar. The suit continued there for some time, but on the coming into force of the Sthan Niyantran Vidhan (Act No. 15 of 1950), the Court returned the plaint for presentation to the proper Court.

(3.) THE main points urged by Mr. Ram Roop Tiwari, counsel for the applicant, are that the Rent Controller had no jurisdiction to entertain this suit and that the rent fixed by him is too inadequate.