Wanchoo, C.J.—This is an application by Atma Ram under Art. 226 of the Constitution of India for issue of a Writ of certiorari or mandamus against the Additional Commissioner, Udaipur, and the Rent Controller, Udaipur.

2 The case of the applicant is that he took a shop on lease from Shamlal who has also been made a party to this application. Shyamlal made an application under the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance No. XXII of 1948 before the Rent Controller, Udaipur, on 9th of December, 1950. That application was decided on the 28th September, 1951, by which date the Rajasthan Premises Control of Rent and Eviction Act (No. XVII of 1950 had come into force. The applicant filed an appeal before the Commissioner, as provided in the (former) United State of Rajasthan Buildings (Lease and Rent Control) Ordinance (No. XXII) of 1948. He also took the precaution of filing an appeal before the District Magistrate under sec. 22 of Act XVII of 1950. The appeal before the Commissioner was heard by the Additional Commissioner who, however, held that he had no jurisdiction to hear the appeal and returned it for presentation to proper authority on the 1

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