RAMNATH SAHANI Vs. SM SUKUMARI SINHA

JUDGEMENT

(1.) The petitioner, Ramnath Sahani, is tenant of a house located in holding No. 92, Mithapur B and C area, Patna. The opposite party, Shrimati Sukumari Sinha, is the landlord of the house. On 11-10-1952, the opposite party applied before the House Controller of Patna for evicting the petitioner on the ground that there had been non-payment of rent for September, 1952. The petitioner showed cause before the House Controller alleging that the rent for the house up to August, 1952, had been, paid and that repairs had been effected to the building to the extent of Rs. .52-6-0. The petitioner claimed that there was an oral agreement between him and the landlord that repairs would be made to the building and the cost would be set off towards the amount of rent due. The House Controller did not accept the case of the petitioner that there was an oral agreement between the landlord and the tenant or that repair work to the extent of Rs. 52-6-0 had been effected. The House Controller found! that there was non-payment of rent on the part of the petitioner, and passed an order of eviction. An appeal was taken by the petitioner to the Collector against the order of the House Controller, but the appeal was dismissed. An application in revision was filed before the Commissioner, but that application was also rejected. Thereafter, the petitioner instituted a title suit in the Court of the Munsif at Patna for a declaration that the order of the House Controller was illegal and without jurisdiction. The petitioner also asked for an order of injunction, pending the hearing of the suit, restraining the opposite party from taking out execution of the order of the House Controller. On 21-5-1953, the Munsif refused to grant temporary injunction. An appeal was preferred against that order in the Court of the District Judge. An ad interim injunction was granted, in the first instance, by the District Judge. After hearing the parties, the Additional District Judge, to whom the case was transferred, vacated the order of ad interim, injunction.

(2.) Civil Revision No. 477 of 1953 is preferred on behalf of the petitioner against the order of the Additional District Judge, dated 4-6-1953, refusing to grant temporary injunction. Miscellaneous Judicial Case No. 271 of 1953 is an application made on behalf of the petitioner under Article 228 of the Constitution for transfer of the title suit to the High Court on the ground that it involves substantial question of law as to the interpretation of the Constitution. Miscellaneous Judicial Case No. 272 of 1953 is an application under Article 226 of the Constitution for an appropriate writ "restraining or prohibiting the opposite party from executing the orders of the House Controller dated 6-1-1953" on the ground that the order of the House Controller was beyond his competence and jurisdiction.

(3.) It would be convenient to deal with Miscellaneous Judicial Case No. 272 of 1953 in the first instance. The main question argued related to the constitutional validity of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, as amended by various Amending Acts, including Bihar Act 5 of 1953. The argument on behalf of the petitioner was :