MOHAMMED JAMALUDDIN Vs. ZAINAB BEGUM

JUDGEMENT

(1.) THE tenant applied to the Rent Controller for the determination of a fair rent of the house in which he was living and the Rent Controller on taking into account all the Circumstances of the case, assessed the rent at Rs. 11/ - as being a fair and reasonable rent for the premises. After fixing the rent as stated above, he gave a finding to the effect that the tenant was entitled to appropriate towards the future rents payable by him, all sums that he had paid to the landlord on account of rent in excess of the sum of Rs. 11/ - The landlord appealed to the Collector against this order. The Collector while confirming the order of the Rent Controller in so far as it related to the fair rent modified the order of the Rent Controller to this extent, that he held that the tenant was not entitled to appropriate the sum that he had paid in excess of Rs. 11/ - in the future rents. Against the above order the tenant has filed this application for the issue of a Writ of Certiorari.

(2.) HEARD the arguments of the respective vakils. We are of opinion that the order of the Collector should be quashed in so far as it differs from the order of the Rent Controller. Clause VI(c) of the House Rent Control Order clearly specifies that where the Controller has determined the fair rent, any sum paid in excess of such fair rent whether paid before or after commencement of the Rent Control Order shall be refunded to the tenant. In the face of the express provisions of the enactment giving the benefit to the tenant of reclaiming amounts paid in excess of the fair rent, we feel that the Collector had no jurisdiction to hold that the tenant was not entitled to do so. We quash the order of the Collector and restore the order of the Rent Controller. The petition is allowed with costs. Advocate's fee Rs. 30/ -.