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1980 Supreme(Mad) 220

SATHIADEV
G. Lakshmi Ammal – Appellant
Versus
Elumalai Chettiar – Respondent


Advocates:
N. Sivamani, for Petitioner; R. Mathrubutham, for Respondents.

Judgement

ORDER :- The point involved herein is whether by invoking Section 24 (1) (b) C.P.C. a proceeding pending before Rent Controller constituted under Act 18 of 1960 (hereinafter referred to as the Act) can be transferred to another Rent Controller. The main opposition to this petition is stemmed on the claim that the Rent Controller and Appellate Authority constituted under Act 18 of 1960 are "persona designata" and they are not courts which are subordinate to the High Court and that they will not come within the expression 'other proceedings' as contemplated under Sec. 24 (1) (b) C.P.C. It is further claimed that when an application filed for transfer under Rule 17 of the Rules framed under the Act has been rejected, the present application under Section 24 C.P.C. is not maintainable.

2. On the first point as to whether the Rent Controller is a court or persona designata, Mr. Sivamani relies upon the following decisions to contend that whatever view might have been taken hitherto, in view of the decision rendered in AIR 1977 SC 282, when the Rent Controller functions like a civil court, it cannot any longer be held that he functions as a persona designata. In support of his co














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