Harikishen vs Ramchander and Others

This ia an application for the issue of a Writ of Certiorari in a rent control matter. After Going through the record and hearing the arguments of the learned Advocates of the parties, we are of the opinions that the rent Controller and the appellate authority have palpably erred in holding that the Petitioner, being respodent 1 before the allegations of rent controller had admitted the allegations of the first party before the Rent Controller namely the owner house. The allegation of the owner of the house was that respodent 2 before the rent controller, Srikishen was a Goldsmith to whom the tenant, Harikishen had sublet the house in question. There was no counter before the rent controller. On 2-3-1951 the rent controller recorded a statement of the parties. The statement of Respondent 1 Harikishen, the tenant, was that he did not sub-let the house to Respondent 2, the alleged sub-tenant; that he was a goldsmith carrying on his profession in the madgi. The Petitioner alleged that the said Respondent was a sub-tenant and was paying Rs. 15/- as rent. The tenant denied this fact. This is all the record before the Rent Controller came to the conclusion that the statement of the Respondent was sufficient to hold that the house was sublet. The appellate authority also dismissed the appeal on the ground that the statement of the sub-let the house to the goldsmith Shrikishen. After actually going through the record it is clear that there has been no such admission either by the so-called sub-tenant or the tenant. On the contrary the tenant denied the allegation that he had sub-let the premises. Under the circumstances, we are of the opinion that there was no materiel before the Rent Controller or the appellate authority to hold that the factum of sub-tenancy was proved. It is an error apparent on the face of the record. We therefore set aside the orders of the lower two tribunals remand the case to the Rent Controller and direct that the case be tried denovo and distressed of it according to law. We allow costs to the petition. Advocate''s fee Rs. 25/-.