BHAGWAN DASS Vs. CHARAN DASS AND ORS.

JUDGEMENT

(1.) This is a peculiar case in which a tenant against whom an order of ejectment has been passed under the East Punjab Urban Rent Restriction Act, 1959 (hereinafter referred to as the Act), did not file an appeal before the Appellate Authority and comes straight to this Court in revision under Sub-section (5) of Section 15 of the Act.

(2.) According to Sub-section (4) of Section 15 of the Act, the decision of the Appellate Authority under Sub-section (3) of the Section prevails and, subject to the decision of the Appellate Authority, an order of the Rent Controller is final. The power of the High Court is given in Sub-section (5) of Section 15. The obvious idea is that, after the Rent Controller passed an order, an appeal can be filed before the Appellate Authority and the final authority is given to the High Court to send for the records in a proper case and pass such order as it deems proper after satisfying as to the legality or propriety of such order.

(3.) Obviously, the powers of the Appellate Authority are wider than the revisional powers of the High Court. In fact, an Appellate Authority would normally be the final Court of fact. There does not appear to be any reason why the petitioner before me should have rushed to this Court without approaching the Appellate Authority. The reason given is that on the day following the order by the Rent Controller, the petitioner was actually ejected. I have not been able to understand how that circumstance prevented the petitioner from approaching the Appellate Authority or justifies the action of the petitioner in rushing to this Court straightaway. There may be certain circumstances in which direct approach to the High Court may be justified, though it is not necessary for me to decide that point in the present case. Here there was absolutely no reason for the petitioner coming this Court without approaching the Appellate Authority.