PARASMAL Vs. DEVILAL

JUDGEMENT

(1.) THIS is an application in revision against the order of the learned Sessions Judge, Ajmer dated 10th December, 1964 and arises under the following circumstences.

(2.) ON the application of one Devilal the District Magistrate, Ajmer purporting to act under sec. 23 (5) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter called the Act) sanctioned the prosecution of the petitioner on the ground that he had accepted rent of the leased premises at a rate higher than fixed by the court. The petitioner filed an appeal against the said order in the court of the Sessions Judge, Ajmer. A preliminary objection was raised before the Sessions Judge, that no appeal lay against the order of the District Magistrate passed under sec. 23 (5) of the Act. The learned Sessions Judge, upheld the preliminary objection and dismissed the appeal. It is against this order that the present revision application has been filed and it is contended on behalf of the petitioner that all orders including one under sec. 23 (5) passed under the Act are appealable as provided in sec. 22 (1) of the Act, and therefore, the view taken by the Sessions Judge is erroneous. This is the sole ground urged in the revision application.