P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
Rayala Corporation (Madras) – Appellant
Versus
Syed Bawker & Co. , Mount Road, Madras – Respondent
“Post before a Bench whether the Rent Controller has any power inherent or otherwise to summon witnesses.”
Counsel in this case have not been able to draw our attention to any decided case, reported or unreported, dealing with this question. We are therefore left with the relevant provisions of the Act and the rules framed under the Act.
The applications in question are under section 4 of the Madras Buildings (Lease and Rent Control) Act, 1949, for fixation of fair rent. But the same question would arise even as regards applications under other sections of the Act. It is obvious that though generally Controllers have been persons belonging to the judicial service they are not Courts and therefore the proceedings before them will not be governed by the provisions of the Code of Civil Procedure. Section 17 of the Act confers powers on the State Government to make rule
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