MAKHNOBAI Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against a decision of the District Judge Bhind affirming in appeal an order -made by the Tehsildar of Gohad as Rent Controller allotting and giving possession of a house belonging to the Petitioner to the opponent.

(2.) THE circumstances in which this petition arises are thus. On 23 -9 -1953 the non -Applicant Rameshwar Dayal presented an application before the Rent Controller stating that accommodation was needed for a boarding house for the students of the High School, and that a house belonging to Makhnobai was vacant, it be allotted to him for use as boarding house.

(3.) COMING now to the merits of the petition think the order made by the Rent Controller in utter violation of the provisions of Section 13. Under at section the Rent Controller has no jurisdiction make any order with regard to allotment without (sic st) passing a general or special order under Section 13 (sic) requiring the landlord to give intimation that (sic ly) accommodation of which he is the landlord is has fallen vacant and to let or not to let such (sic) accommodation to any person. In this ease admittedly no such order was passed.