AIR 1963 MADHYA PRADESH 218

Madhya Pradesh High Court

Hon'ble Judge(s): P. V. Dixit , C.J. AND K. L. Pandey , J

Madhya Pradesh Accommodation Control Act (23 of 1955) , S.12— Houses and Rents - Order of Court of District Judge u/S.12 - Revisable u/S.115, Civil P.C. - Remedy under Art.226 or Art.227, Constitution of India, not available. Revision lies under S. 115, Civil P. C., from a decision of the Court of the District Judge given in an appeal under S. 12, M. P. Accommodation Control Act, 1955, against an order of the Rent Controlling Authority fixing fair rent. It is clear from the wording of S. 12 that an appeal lies to the court of the District Judge and not to the District Judge acting as a persona designata. That means, the decision of the Court of the District Judge given in an appeal under S. 12 is open to revision under S. 115, Civil P. C.(Para 2) The Accommodation Control Act does not create a special court or tribunal. The appeal is to a court of ordinary jurisdiction and it is to a Court already established. The decision given by the Court of the District Judge under S. 12 is one to which the ordinary incidents of the procedure of that Court apply. Section 12 also says that the decision of the Appellate Court shall be final. This only means that the decision of the Court of the District Judge is not appealable. It does not imply that it is not open to revision under S. 115. Where t....