MOOLCHAND Vs. COLLECTOR SAWAI JAIPUR

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by one Moolchand against an order of the Collector, Jaipur District, dated 3-7-1951, acting as an appellate authority under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (No. 17 of 1950 ). The Collector by his order confirmed the order of the Rent Controller dated 30-32-1950, directing Moolchand to refrain from stopping the supply of water to the premises occupied by Narain Das, and also to pay Rs. 25/- to Narain Das by way of damages.

(2.) THE facts of the case are very simple. Narain Das, who alleged himself to be a tenant of Chotey Lal as regards a residential house in the city of Jaipur, applied on 1-11-1950 to the Court of the Rent Controller under Section 7a, Jaipur Rent Control Order, 1947, for restoration of a pipe connection which, it was stated, had been stopped by Moolchand, a brother of Chhotey Lal. Both Chhotey Lal and Moolchand were impleaded as parties to the proceedings, and Chhotey Lal supported the case of the petitioner. Moolchand contested the case fay alleging that he was not the landlord, and the Rent Controller had no jurisdiction under the Jaipur Rent Control Order, 1947. to pass any orders against him on an application of Narain Das. THE Rent Controller, after holding an inquiry, came to the conclusion that Narain Das was using a bathroom which was let to him by Chhotey Lal and he was also receiving supply of water in the bath-room, for which he paid Rs. 2/- per month to Moolchand. On appeal, the Collector confirmed the order of the Rent Controller, but by that time the Rajasthan Premises (Controj of Rent and Eviction) Act, 1950, had come into force, and the Collector made his order under the new Act.