DURGAPRASAD Vs. HIRALAL

JUDGEMENT

(1.) THIS is an application by Durgaprasad Agarwal under Article 226 of the Constitution of India for a writ of certiorari in connection with an order passed by the District Judge of Bharatpur under section 6 of the Matsya Premises (Rent Control) Ordinance, 1948.

(2.) THE facts, which have led to this application, may be briefly narrated in order to understand the point which has been pressed on behalf of applicant. THE case relates to two shops, of which the applicant is the landlord and Hiralal is the tenant. Hiralal made an application to the Controller after the coming into force of the Matsya Ordinance for fixation of fair rent of the two shops, which he was holding from the applicant. THE Controller dismissed the application for reasons which need not be mentioned here. Hiralal then went in appeal under section 10 of the Matsya Ordinance to the District Judge, as that Officer had been designated as appellate authority for the purpose of that section. THE District Judge reversed the order of the Controller and fixed the rent at Rs. 18/12/- per month as against the contractual rent of Rs. 80/- per month. It is against this order of the District Judge that the present application has been made.