SYED QAMAR HASSAN, J. : -

The petitioner, Khaja Ghulam Chouse Saqalain moved the High Court by way of Writ Petition calling in question the propriety of the order of the Collector of Medak, dated 10-2-1953, upholding on appeal the order of the Rent Controller, who had dismissed the application of the petitioner for eviction of Faqir Baig, the 3rd respondent herein.

After the advent of the Hyderabad House (Rent, Eviction and Lease) Control Act, 1954 (to be hereinafter referred to as the Act) the writ petition was converted into one of revision under S. 21 read with S. 31 of the Act. The petition in the first instance came on for hearing before our brother Manohar Pershad, J.,on 11th October, 1957 and he referred it to a Division Bench to consider the question whether O. 9, R. 13, Civil Procedure Code was applicable to proceeding before the Rent Controller.

2The facts necessary for the appreciation of the question involved are that the petitioners application for eviction was allowed ex parte on 15th November, 1952 giving 15 days time for vacating the disputed house at Siddipet.

3. After the expiry of 15 days the petitioner put in an execution petition in the Munsifs Court. The