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1961 Supreme(MP) 72

P.V.DIXIT, K.L.PANDEY
KAILASHCHANDRA – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
A.H.SAFI, A.P.SEN, R.S.DABIR, V.S.DABIR

DIXIT, C. J.

( 1 ) THE petitioners in this case pray that a writ of certiorari be issued for quashing a decision of the Court of the District Judge, Bhopal, in an appeal against an order of the Rent Controlling Authority, Bhopal, fixing the fair rent of two shop premises belonging to the applicants.

( 2 ) A preliminary point has been raised in this case that the petitioners should have filed a revision petition under Section 115 of the Civil Procedure Code against the decision of the Court of District Judge, and that as they did not avail themselves of the alternative remedy this application under Article 226 should not be entertained. In our opinion, this objection must prevail. Section 12 of the M. P. Accommodation Control Act, 1955 says:

'. . . . . only one appeal shall lie against the decision given by the Rent controlling Authority in the Court of the District Judge within thirty days of the decision and the decision of the Appellate Court shall be final. ' it is clear from the wording of Section 12 that an appeal lies to the Court of the district Judge and not to the District Judge acting as a persona designata. That means, the decision of the Court of the District Judge given










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