H.R.KRISHNAN
Naumal Bros. through Gopaldas of Mandsaur – Appellant
Versus
Alihussain Kamarali – Respondent
H.R. Krishnan, J.
This is an application in revision under section 115, Civil Procedure Code, filed by the tenant from the appellate order of the District Court, itself setting aside the order of the Rent Controller fixing as fair rent under section 9 of the Accommodation Control Act, a sum less than the rent which the petitioner had contracted to pay the landlord. The questions for decision here are, first, whether the application in revision lies at all, in other words, whether the "Court of the District Judge" mentioned in section 12 of the Accommodation Control Act, is the same as the District Court mentioned in the Civil Procedure Code, this being only an additional power given to it under the new statute, or if it is a separate Court or authority outside the Civil Procedure Code, and as such not directly subordinate to the High Court; secondly, whether the appellate Court had jurisdiction to refuse to consider the prayer itself for fair rent on the ground that in the rent agreement, the tenant had written that he himself considered the rate to be proper and legal: thirdly, whether the appellate Court's consideration of the evidence adduced by the parties is self-contained
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