CHIMANDAS BAGOMAL SINDHI versus JOGESHWAR AND ANOTHER

CHIMANDAS BAGOMAL SINDHI versus JOGESHWAR AND ANOTHER

The relevant clauses of the Rent Control Order do not categorically prevent persons who already have accommodation from being considered for allotment if the Deputy Commissioner thinks it just, and the discretionary power is not limited by the mere existence of previous accommodation. The High Court erred in holding to the contrary.

Parties
Appellant: Chimandas Bagomal Sindhi; Respondent: Jogeshwar s/o Parmanand Bhishikar
Jurisdiction
India
Judgment Date
08 November 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court, Judgment and Order Dated June 18, 1958 in Writ Proceedings
Outcome
Appeal allowed.
Legal Topics
Letting of Houses, Allotment of Accommodation, Displaced Persons, Construction of Statutory Orders
Rent Control Administrative Law Letting of Houses Allotment of Accommodation Displaced Persons Construction of Statutory Orders

Case Brief

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Parties

Chimandas Bagomal Sindhi

Appellant

Jogeshwar s/o Parmanand Bhishikar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court, Judgment and Order Dated June 18, 1958 in Writ Proceedings

Legal Issues

  1. 1 Whether a person is disentitled to allotment as a 'displaced person' under the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, if he already has accommodation or a place of business
  2. 2 Whether the Additional Deputy Commissioner and the High Court correctly interpreted clauses 23(1), 24, and 24A of the Order

Ratio Decidendi

The relevant clauses of the Rent Control Order do not categorically prevent persons who already have accommodation from being considered for allotment if the Deputy Commissioner thinks it just, and the discretionary power is not limited by the mere existence of previous accommodation. The High Court erred in holding to the contrary.

Court Disposition

Appeal allowed.

Orders

  • Order of High Court on the writ petition set aside.
  • Matter remanded to the Additional Deputy Commissioner, Nagpur, for fresh determination on merits in accordance with law as on July 15, 1955.