MADHO RAI Vs. MOHAMMED UMAR

JUDGEMENT

(1.) THIS is a reference by the learned District Judge, Jodhpur, and has arisen under the following circumstances.

(2.) MODHORAI who was the appellant in the district court is a tenant. Respondent Mohammed Umar is a landlord. MODHORAI filed an application before the Rent Controller of the former State of Jodhpur under sec. 3 of the Marwar House Rent Control Act, 1949 (No. XXV of 1949) (hereinafter referred as the Marwar Act) for fixation of a fair rent. The Rent Controller by his order dated 31st May, 1952 declined to interfere in the matter, as the property had meanwhile vested in the Custodian of Evacuee property. Madhorai went up in appeal to the District Judge who held by his order dated 9th July, 1952, that the appeal did not lie to himself but to the Collector and in that view the District Judge returned the appeal for presentation to the proper authority Madhorai then presented the appeal before the Collector. The latter how-ever, came to the conclusion by his order dated 22. 11. 52 that no appeal lay to him and that it lay to the District Judge instead. Madhorai then presented the appeal again before the District Judge, and the latter has made the present reference. The learned District Judge's view is that an appeal lay, against the Rent Controller's order to the Collector and not to the District Judge.