Rai Brij Raj Krishna And Another VS. S.K. Shaw And Brothers.

Summary

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Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, has entrusted the Controller with a jurisdiction, which includes the jurisdiction to determine whether there is non-payment of rent or not, as well as the jurisdiction, on finding that there is non- payment of rent, to order eviction of a tenant. Therefore, even if a Controller has wrongly decided the question wheth- er there has been non-payment of rent, his order for evic- tion on the ground that there has been non-payment of rent cannot be questioned in a civil court.

Queen v. Commissioners for Special Purposes of Income Tax (21 O.B.D. 313) and Colonial Bank of Australasia v.

Willan (L.R.

P.C. 417) relied on.

146

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Extract

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Rai Brij Raj Krishna And Another VS. S.K. Shaw And Brothers.

PETITIONER: RAI BRIJ RAJ KRISHNA AND ANOTHER Vs.

RESPONDENT: S.K. SHAW AND BROTHERS.

DATE OF JUDGMENT: 02/02/1951

BENCH: FAZAL ALI, SAIYID

BENCH: FAZAL ALI, SAIYID

MAHAJAN, MEHR CHAND

MUKHERJEA, B.K.

AIYAR, N. CHANDRASEKHARA

CITATION: 1951 AIR 115 1951 SCR 145

CITATOR INFO : F 1957 SC 521 (10)

R 1959 SC 492 (20)

RF 1962 SC1621 (87)

D 1963 SC 120 (12)

R 1965 SC 111 (13)

D 1970 SC1193 (8)

D 1974 SC 818 (15,17)

D 1979 SC1745 (10,11,15,16)

R 1989 SC1110 (15)

ACT: Bihar Buildings (Lease, Rent and Eviction) Control Act (III of 1947), s.11--Order of Controller for eviction on the ground of non-payment of rent--Suit to set aside order--Jurisdiction of civil court--Question whether there was non-payment--Finality of Controller's decision.

JUDGMEN...

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