Court : Allahabad
Decided on : Dec-04-1952
Reported in : AIR1953All287
ORDERMukerji, J. 1. This is an application in revision by a defendant who had been sued under Section 5 (4), Control of Rent and Eviction Act. The plaintiff in the suit was the tenant. He sued the landlord on the ground that the rent of Rs. 75, to which he had agreed, was much above the reasonable rent for the premises and consequently he claimed that the rent should be fixed in accordance with the 'reasonable rent' payable in respect of the premises in suit. The premises of which the plaintiff was the tenant were not substantial buildings in any sense. They were more or less tin sheds having small accommodation but these premises were situated in a very busy locality commercially and consequently they were in great demand and apparently landlords were able to get very high rents for them. 2. I may also note that the landlord himself also filed a suit against the tenant, namely Shri Diwan Chand (plaintiff in suit no. 754 of 1949) for arrears of rent at the rate of Its. 75 per mensem. T...
Tag this Judgment!Court : Allahabad
Decided on : Sep-15-1952
Reported in : AIR1953All419
Dayal, J.1. A preliminary objection was taken at the hearing of this petition to the effect that this Court had no jurisdiction to take proceedings for contempt of the Court of the Assistant Collector, first class, with respect to proceedings pending before it for the correction of papers under Section 40, Land Revenue Act (Act 3 of 1901).2. Section 2, Sub-section (1), Contempt of Courts Act (12 of 1926) is:'Subject to the provisions of Sub-section (3) the High Courts of Judicature established by Letters Patent shall have and exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice, in respect of contempt of Courts subordinate to them as they have and exercise in respect of contempts of themselves.'The contention for the opposite party is that the Court of an Assistant Collector, first class, under the Land Revenue Act is not subordinate to the High Court and that, therefore, this Court cannot take action with respect to contempts committe...
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