YAHYA ALI
M. Abdul Wahid Sahib – Appellant
Versus
Dewanjee Abdul Khader Sahib – Respondent
This is an application under section 24 of the Code of Civil Procedure to transfer C.M.A. No. 18 of 1946 on the file of the District Court of Bellary to some other District Court in the Province. An objection has been raised in limine by the respondent that the application is not maintainable as in functioning as an appellate authority in the matter in question the District Judge of Bellary is a persona designata and not a Court which is subordinate to this Court, and that consequently no application for the transfer of appeal before such authority can be maintained in this Court. The Madras Buildings (Lease and Rent Control) Act (XV of 1946) regulates the letting of residential and non-residential buildings, and control of leases of such buildings. Under that Act a Controller is appointed who has been invested with certain powers. A right of appeal has been given against some orders passed by him under section 12 of the Act. That section empowers the Provincial Government by general or special order notified in the official Gazette to confer on such officers and authorities as they may deem fit, the powers of appellate authorities for the purpose of the Act in such areas or
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