Prem Das Chela vs Piarey Lal
1973 Latest Caselaw 275 Del

Citation : 1973 Latest Caselaw 275 Del
Judgement Date : 26 November, 1973

Delhi High Court

Prem Das Chela vs Piarey Lal on 26 November, 1973

Equivalent citations: 1974 RLR 301

Author: P Safeer

Bench: P Safeer

JUDGMENT

P.S. Safeer, J.

(1) There is no scope in Article 227 of the Constitution of India for interfering with an order passed by the "Controller" who is a creature of section 35(1) of Act 59 of 1958, He exercises the powers contained in the civil Procedure code in terms of the jurisdiction furnished by sections 25, 37 (2) and 42 of the said Act as well as rule 23 framed under Act, In all circumstances he is the "controller" under the Act and his orders subject to section 43 thereof become final. Where his order is non-appealable the grievance can be raised in the appeal provided for by section 38 of the Act.

(2) In this case in paras 16 and 18 (b) in the application, dated the 4th of October. 1969 it was mentioned that premises in part had been sub let to Badlu Ram. There was no justification for moving the application dated the 10th of August, 1973 so late impleading him as a party.

(3) The petition is meritless and is dismissed in limini.