Judgment

HIDAYATULLAH, J.: in this appeal by special leave against the judgment and order of the Principal Judge, City, Civil Court, Bombay, dated February. 14, 1964 the only question is whether the delegation by the Commissioner, Municipal Corporation of his functions under Ss. 105B to 105E to certain officers of the Corporation was valid and proper. This question arises in the following circumstances: One Govind Hari was a monthly tenant of room No. 23 of a chawl at Chandanwadi. After his death in 1961 the tenancy developed on his widow Anusuyabai, who took in a boarder. The chawl belonged to the Municipal Corporation and proceedings were taken to eject Anusuyabai and the boarder under chapter VI-A of the Municipal Corporation Act. These proceedings were initiated by one of the officers to whom the powers of the Commissioner were delegated by him under S. 68 of the Act. After due enquiry the officer passed an order evicting these persons. An appeal was filed under S. 105F of the Act before the Bombay City Civil Court. In that appeal it was held that the delegation was not proper inasmuch as the judicial functions of the Commissioner under Ss. 105B to 105E had been delegated to exe