LIM AND CO Vs. K M SAYEED

JUDGEMENT

(1.) This is a civil revision under Section 115, Civil Procedure Code and has been directed against the order dated 28-11-1970 of the Rent Controller. Simla. The facts which give rise to this petition may be stated.

(2.) Lt. Col. K.M. Sayeed and four others claimed to be trustees of a certain Mulsim Trust which is stated to own some properties in the town Simla. They filed a petition before the Rent Controller for the eviction of the respondents who are their tenants. During the course of litigation, two of the trustees tendered resignation and in their place the Government appointed one Dr. Yusuf Hussain Khan as a new trustee. Accordingly an application was given by the petitioners that Dr. Yusuf Russian Khan be substituted in place of the two trustees who have since resigned. The learned Rent Controller importing the provisions of Order 22, Rule 10 of the Civil Procedure Code granted the prayer and ordered for the substitution. The respondents have felt aggrieved of the decision and have come up in revision.

(3.) It was contended at the outset, that the revision petition is not maintainable because an appeal could be filed either under Order 43. Rule 1. Civil Procedure Code or under Section 15 of the East Punjab Urban Rent Restriction Act. 1958 (1949?) (hereinafter to be referred as the Act). The contention of the learned counsel for the petitioners is, that Order 22, Rule 10. Civil Procedure Code could not be applied because the provisions of the Code are not wholly applicable to a proceeding under the Act. This has been controverted by the learned counsel for the respondents because, according to him, such principles of the Code which are based on natural justice and which are not contrary to the specific provisions of the Act could be imported and applied to a proceeding under the Act. As I have stated before, if the said provision of the Civil Procedure Code was applicable, an appeal could be filed under Order 43. Rule 1 of that Code. However, if the provision of the Civil Procedure Code was not applicable, an appeal could be filed under Section 15 of the Act. This would be a short ground to dismiss the petition.