RAMACHANDRA Vs. DAULATRAM

JUDGEMENT

(1.) This is an application in revision under Section 115 C. P. C. by a tenant named Ram Chandra against the appellate order of the District Judge, Alwar, dated the 30th March 1950, reversing the order of the Rent Controller Alwar, dated the 23rd November 1949.

(2.) Mr. Ram Avtar appearing for the opposite party has raised a preliminary objection that this Court is not authorised to interfere with the order complained of under Section 115 C. P. C. According to him, the District Judge, Alwar, who was appointed as an appellate authority under Section 10 of the Rent Control Order was a persona, designate and while deciding the appeal he was not functioning as an officer of the civil Court subordinate to the jurisdiction of the High Court. The applicant's advocate has urged in reply that there were two parties before the District Judge; he was discharging a judicial function in deciding the dispute between them; he was therefore working as a Court and he being subordinate to this High Court, his decision was certainly subject to revision under Section 115 C. P. C.

(3.) The first point for our determination therefore is whether the District Judge while deciding the appeal was a persona designate or a civil Court subordinate to the jurisdiction of this Court within the meaning of Section 115 of the Civil P. C.