(1.) THIS is a petition under Article 227 of the Constitution, wherein I am requested to set aside the order of the District Judge, Mahasu, acting as the appellate authority under the East Punjab Rent Restriction Act, as applied to Himachal Pradesh. This petition arises under the following circumstances. The petitioner applied to the Rent Controller, Solan, for the ejectment of the respondents on the ground that they had failed to pay the rent for the year 1950 51. Before the Controller the respondents contended, not only that they had paid the rent in question, but they had made an excess payment of Rs. 118/ . The Rent Controller found against the petitioner and, accordingly, dismissed the application. Then, there was an appeal by the petitioner to the learned District Judge of Mahasu, who is the appellate authority under Section 15. The latter concurred with the finding of the Rent Controller to the effect that the rent for 1950 51 had not fallen into arrears and, in fact, there was an excess payment of Rs. 118/ to the petitioner.
(2.) HENCE , this petition, which purports to be under Article 227 of the Constitution. Petitioner No. 1 argued that the Rent Controller has erred in coming to the conclusion that the rent was only Rs. 150/ per annum, and the District Judge had also erred in relying on the respondents' account books and in drawing an inference adverse to the petitioners due to their omission to produce their account books before the Controller.
(3.) IN the present case, however, the facts are different. Both the Controller and the appellate authority have found, on facts, that there has been no default in payment of rent. Consequently, it cannot be said that they have acted arbitrarily or refused to discharge their duties. The facts of this case are clearly distinguishable from those of 'AIR 1954 SC 215 (A)'. I am not sitting as a Court of second appeal. I am unable to see how it can be said that the Courts below have refused to exercise a jurisdiction vested in them by law. The result is, I reject the petition.