Law: Punjab Urban Rent Restriction Act, (VI of 1947)

Section: 15(4)

Law: Civil Procedure Code (V of 1908)

Section: 110,9,115

Law: Government of India Act, 1935

Section: 93(1),205

(a) Punjab Ubran Rent Restriction Act (VI of 1947), S. 15 (4), ultra vires of Governor---Government of India Act (1935), S. 93 (1) Proviso-High Court's powers not affected. It is open to the Legislature to direct that in a particular case no appeal would be allowed or the right of revision was taken away, but, by virtue of the check contained in the proviso to section 93 (1) Govern­ment of India Act (1935), the Governor has no right or authority to interfere with the existing powers of the High Court. (b) Punjab Urban Rent Restriction Act (VI of 1947), S. (2) (b) -- "Controller" appointed by Provincial Government a Civil-Court subject to revisional jurisdiction of High Court---Civil Procedure Code S. 9--Dispute of a civil nature-Civil Procedure Code, S. 110. The duties that have been assigned to the "Controller" under the Act concerned the determination of disputes between one citizen and another as to the conditions upon which the property of one could be held by the other or the amount which one should pay to the other for its use or occupation. These disputes are undoubtedly of a civil nature involving as they do "the right to property" within the meaning of the explanation to section 9, Civil Procedure Code, and are not of a political or executive description. The "Controller" under the Act, therefore, exercises all the powers of a Civil Court and must be regarded as such. As a Civil Court the "Controller" is subordinate to the High Court and subject to its revisional jurisdiction under section 115, Civil Procedure Code or section 44, Punjab Courts Act. I L R (1947) Lah. 1, I L R (1939) All. 345 rel. on. ORDER Muhammad Sharif, J.-This order shall dispose of Civil Revision Nos. 26, 28, 29 and 33 of 1948. In all these revisions the petitioners, who are the tenants, were ordered to be evicted by the Controller in accordance with the powers given to him under the Punjab Urban Rent Restriction Act, 1947, and their appeals against the same were also dismissed. They came up in revision to this Court. These were heard in the first instance by a learned single judge, before whom a preliminary objection was taken that no revision was competent and it was expressly…

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