( 1 ) THIS is a reference made under Section 113 of the Civil P. C. made by the District Munisif, Chittoor for opinion of this Court on the question whether the government in appointing District Munsifs to function as Controllers under the Andhra Pradesh Buildings (Lease, Rent and eviction) Control Act, 1960, has exceeded its power under that Act and whether the District Munsifs so appointed have jurisdiction to entertain any matters under the said act.

( 2 ) IT does not appear that any such controversy has arisen in any case pending before the said District Munsif, the determination of which became necessary fro him. The statement, at any rate, does not bear any mention to this. In fact, it dies not proceed on the basis that there is a case pending before him which involves determination of this issue. In these circumstances, the reference is unwarranted and wholly incompetent. Section 113, Civil P. C. is clear and categorical in this behalf. It reads thus; "subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit: