MANGAL SAIN Vs. AJIT PARSHAD AND ANR.

JUDGEMENT

(1.) SHRI Ajit Parshad and Sagar Chand applied under Section 13, East Punjab Urban Rent Restriction Act, 1949, hereinafter referred to as the Act, for the ejectment of Mangal Sen resp. from the shop in dispute situated in the 'abadi' of Purani Mandi, Sonepat, alleging that the applicants required the shop 'bona fide' for their own use. Mangal Sen resp. pleaded that the applicants were not residing at Sonepat, that he was in occupation of the shop in dispute as a lessee for the last fifty years and that the applicants did not require the shop dispute for their own use. On the pleadings of the parties the Rent Controller fixed the following issues:

(2.) FROM the order passed by the Rent Controller Mangal Sen went up in appeal under Section 15 of the Act in the Court of the District and Session Judge, Karnal, at Rohtak. The appeal was, however, assigned by the District and Sessions Judge, Karnal, at Rohtak to the Additional District Judge, Karnal, at Rohtak. On 11 -10 -1950, the Additional District Judge, Karnal, at Rohtak, dismissed the appeal with costs. From the order passed In appeal by the Additional District Judge, Karnal, at Rohtak, Mangal Sen has come up to this Court under Article 227 of the Constitution of India.

(3.) FINDING that the Additional District Judge had no jurisdiction to hear and dispose of the appeal I hold that the order passed by the Additional District Judge, Karnal, at Rohtak, on 11 -10 -1950, is a nullity and this Court acting under Article 227, Constitution of India, is competent to set aside that order.