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1949 Supreme(P&H) 54

S.R.DAS, KHOSLA, KAPUR
Pitmans Shorthand Academy – Appellant
Versus
B. Lila Ram – Respondent


Advocates:
Tek Chand, Partap Singh and I.S. Karewal - for Petitioner.R.P. Khosla and R.S. Bhasin - for Respondents.

Judgement

ORDER OF REFERENCE

KHOSLA, J. - This petition has arisen out of an order made by the District Judge of Ambala under S.15, Punjab Urban Rent Restriction Act, 1947. Mr. Soni who appeared on behalf of the respondents raised a preliminary point that no revision lay to this Court. He drew my attention to two recent judgments of Achhru Ram, J. in which it was held that the provisions of S.15, Rent Restriction Act bar a revision petition to the High Court (Rakha Ram v. Seth Ishar Singh, civil Revision No.116 of 1948 and Santi Saroop v. Ram Lal, Civil Revision No.265 of 1948.)

2. The Punjab Urban Rent Restriction Act, 1947, was promulgated by the Governor of the Punjab under the provisions of S.95, Government of India Act, 1935, at a time when the Governor had assumed to himself all powers vested in the Provincial Legislature. The Act provides for the appointment of Rent Controllers entrusted with the business of determining "fair rent" between landlord and tenant. Section 15 which provides for appeals against the orders of the Rent Controller is in the following terms:

15. (1)(a) The Provincial Government may, by a general or special order by notification confer on such officers an













































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