LALA RAM SWARUP AND OTHERS versus SHIKAR CHAND AND ANOTHER

LALA RAM SWARUP AND OTHERS versus SHIKAR CHAND AND ANOTHER

The jurisdiction of civil courts to question orders under ss. 3(4) and 16 of the Act is barred except where the orders are nullities due to fundamental procedural defects or lack of jurisdiction; the Commissioner’s revisional powers under s. 3(3) are wider than only jurisdictional review, encompassing correction of errors by the District Magistrate including illegal, irregular, or wrong refusal to act.

Parties
Appellants: Lala Ram Swarup and others; Respondents: Shikar Chand and another
Jurisdiction
India
Judgment Date
10 November 1965
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment and Order Dated September 13, 1960 in Special Appeal No. 212 of 1956
Outcome
appeal allowed
Legal Topics
Jurisdiction of Civil Courts, Exclusion of Civil Court Jurisdiction, Revisional Powers of Commissioner, Finality of Administrative Orders
Landlord and Tenant Rent Control Jurisdiction of Civil Courts Exclusion of Civil Court Jurisdiction Revisional Powers of Commissioner Finality of Administrative Orders

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Parties

Lala Ram Swarup and others

Appellants

Shikar Chand and another

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment and Order Dated September 13, 1960 in Special Appeal No. 212 of 1956

Legal Issues

  1. 1 Whether civil court jurisdiction is barred regarding validity of permission granted by Commissioner under U.P. (Temporary) Control of Rent and Eviction Act, 1947
  2. 2 Scope and width of the revisional powers of Commissioner under s. 3(3) of the Act

Ratio Decidendi

The jurisdiction of civil courts to question orders under ss. 3(4) and 16 of the Act is barred except where the orders are nullities due to fundamental procedural defects or lack of jurisdiction; the Commissioner’s revisional powers under s. 3(3) are wider than only jurisdictional review, encompassing correction of errors by the District Magistrate including illegal, irregular, or wrong refusal to act.

Court Disposition

appeal allowed

Orders

  • Order passed by Allahabad High Court in Letters Patent Appeal set aside.
  • Order of the District Court restored with costs throughout.