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1957 Supreme(Mad) 43

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
Rayala Corporation (Madras) – Appellant
Versus
Syed Bawker & Co. , Mount Road, Madras – Respondent


Advocates:
V. C. Gopalaratnam and L. V. Krishnaswami Ayyar for Petitioner.
V. Tyagarajan and M. A. Ghatala for Respondent.

Rajamannar, C. J.-The only question which demands consideration from us in this batch of Civil Revision Petitions is whether the Rent Controller has not the power to summon witnesses other than public servants by the issue of subpoenas. These petitions came originally before Govinda Menon, J., who made the following order:

“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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