BODH RAJ Vs. GURCHARANDAS

JUDGEMENT

(1.) THIS is a revision application by Bodh Raj landlord against an order passed by the Controller in a case pending before him for fixation of fair rent.

(2.) AN objection is taken on behalf of Gulcharan Das respondent that the revision application is not maintainable as the High Court has no power to revise the orders passed by the Controller.

(3.) SECTION 21 of the Houses and Shops Rent Control Act of 2009 provides that from a final order of the Controller an appeal shall lie to the District Judge of the province in which the house or shop, in respect of which such order is made, is situate. Sub -section 4 of Sec. 21 provides that from an order, made in such appeal no further appeal shall lie, but the High Court may revise the order on the ground of error of law or on the ground of material failure of justice. Under S. 64 of the J. and K. Constitution Act read with S. 22 of the Letters Patent the High Court has power of superintendence over Courts over which it has revisional or appellate jurisdiction. Under S. 21 of the Houses and Shops Rent Control Act, 2009, sub -section 5 empowers the High Court to hear revisions from an order of the District Judge passed in appeal against the order of the Controller. The High Court, therefore, can exercise superintendence over the Court of the Controller as well.