KISHORE KUMAR Vs. BHOGA BAI

JUDGEMENT

(1.) THIS is a revision arising out of the order of learned R. C. A. , Gwalior in Case No. 44/85-86/90/7. Before enterinto the controversy involved in the suit, I feel it apt to consider few things regarding the proceedings before the RCA and their maintenance.

(2.) RENT Controlling Authority is appointed by the Collector with previous approval of the State Government under the provisions of Section 28 of M. P. Accommodation Control Act, 1961. Such an officer should not be below the rank of Deputy Collector. The powers of appointment are conferred on the Collector for the area within his jurisdiction to which the said Act applies. After insertion of chapter III-A w. e. f. 16-8-1983, the jurisdiction of the Rent Controlling Authority has acquired a tremendous importance because in certain cases with respect to the specified category of landlords defined under Section 23-J of the said Act, the Rent Controlling Authority has exclusive jurisdiction and no appeal is provided against his order. It is only a revision which is provided in Section 23-E of the said Act that, too, before this Court. A proceeding before the Rent Controlling Authority is a judicial proceeding within the meaning of Sections 193 and 228 of IPC and the R. C. A. is a Civil Court within the meaning of Sections 480 and 482 of Cr. PC. Thus, the status of Civil Court is conferred upon the RCA for certain purposes. Similarly, the Rent Controlling Authority is invested with the same powers as are vested in a Civil Court under the CPC in respect of certain matters enumerated in Section 29 of the said Act. Thus, the RCA discharges an important function and is expected to act with all seriousness and gravity.

(3.) ON perusal of the record of RCA, I find that in certain order-sheets, it is not clearly mentioned as to for what purpose the case has been fixed. This may lead to a confusing state of affairs. The RCA is expected and required to specify a particular purpose for which the case is fixed for the next date. Second thing which I find in the record of the RCA is that the pleadings and evidence are not maintained in an orderly manner. Pleadings are the foundation which gives a basis to the RCA to focus upon the controversy involved between the parties and decide it in accordance with law. The application for ejectment along with its map are contained at page Nos. 1 to 4 whereas the reply on merits to the said application are contained at page 16 of the file. In between there are documents with index and the application for seeking leave under Section 23-C of the said Act along with the affidavit in support of it. It may be noticed that once the leave to contest is granted, such application normally looses it significance. So, after the grant of leave to defend, the reply of the application for eviction on merits may immediately follow the application for ejectment itself. Similarly, 1 found that the documentary and oral evidence is not available in the file in an orderly manner. The statements of the different witnesses including those of the parties to proceedings are at scattered position in the file. Even in between the sheets containing the statement of a panicular witness, certain other documents or applications are found to have been tagged. For example, the statement of Dewki Bai started at page No. 287 and continued at page No. 288. Her further statement is found at page Nos. 298, 299 and 300. It further continued at page No. 305. In between other applications and documents and even the statement of another witness, namely Hiralal are tagged in the file. Thus, the file of RCA is not found to have been arranged in a systematic manner. This may occasion into omission of the statement from being considered which may prejudice the case of the either party. Moreover, the scattered statements in the file may reduce the efficiency of the RC-A. In Order 10 avoid it, ii would perhaps be proper for the RCA to maintain the documentary evidence followed by the oral evidence and the same may be tagged in the file immediately after the issues framed by the RCA. The documents of the respondent and his oral evidence shall follow the documentary and oral evidence of the applicant. Third, irregularity which I find in the file is that the numbering of paragraphs in the statements has not been made by the RCA. This at times creates problem at the time of arguments when the Advocate is expected and required to refer to a specific piece of evidence contained in the statement. Thus, RCA is expected and required to put the paragraph numbers in the statements of the witnesses. This also will increase the quality and efficiency of the learned RCA I am informed at Bar that Exhibited documents at times aie returned to the concerning parties without retaining their certified copies on record. If at all this is so, it is highly irregular and impermissible. The RCA may be guided in this matter by the provisions of Order 13 Rule 9. CPC and return the original document only after retaining its certified copy on record. The RCA may also seek guidance from the Civil Court rules with regard to maintenance of file and shall pass necessary instructions to his Reader for maintaining the file in proper order.