HARBANS LAL MEHTA Vs. MANGAT RAM ETC.

JUDGEMENT

(1.) Shri Harbans Lal Mehta is the tenant of a residential building belonging to the Respondents situate on Khasra No. 836/556, 834/556 and 838/542 in Civil Lines, Dharamsala. The Respondents are the residents of Tehsil and District Hamirpur. The Petitioner is a retired officer from the Provincial Education Service and he has got no house of his own and, therefore, he is residing at Dharamsala in the premises in question. The Respondents have filed an application under Sec. 14(3)(1) of the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter shortly called the Act) before the Rent Controller, Kangra, for eviction.

(2.) The Petitioner moved an application under Sec. 24 of the Civil Procedure Code (hereinafter called the Code) for the transfer of the case from the Rent Controller, Kangra, to the Rent Controller at Dharamsala. The application was dismissed by the learned District Judge, Kangra at Dharamsala, on the ground that the Rent Controllers, Kangra and Dharamsala had concurrent jurisdiction and on merits also it was held that there was no case made out by the Petitioner. The tenant -Petitioner has, therefore, filed this application under Sec. 24 of the Code as also under Sec. 21(5) of the Act.

(3.) Learned Counsel for the Respondents has raised preliminary objections, firstly, that the revision petition under Sec. 21(5) of the Act is not maintainable against the order of the District Judge rejecting the application under Sec. 24 of the Code; and, secondly, the application under Sec. 24 of the Code for transfer of the case from one Rent Controller to the other is also not maintainable, inasmuch as the Rent Controller is not a court subordinate to the High Court.