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TMI Blog1950 (11) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... p. 2 is the owner is without jurisdiction under the provisions of the Mysore House Rent Accommodation Control Order. Respondent 3 is said to be an unregistered association of Jains of the Swatambar cult purchased the building in about the year 1947 for the purpose of running a residential Hindi school. The petnrs. have been the tenants of the premises from a time long prior to the date of the purchase by resp. 2. An appln. made by resp, 2 to the House Rent Controller for eviction of the petnrs. on the ground that it was needed for opening the school was unsuccessful. A similar appln. filed in the following year was allowed by the House Rent Controller dismissed by the Labour Comr. on appeal but eventually granted by the Govt. It is this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of subjects, having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the King's Bench Division exercised in these writs. As observed by Lord Chancellor (Viscount Simon) in Ryots of Garabandho v. Zamindar of Parlakimedi the writ of certiorari does not issue to correct purely executive acts but, on the other hand, its application is not narrowly limited to inferior Courts in the strictest sense. Broadly speaking it may be paid that if the act done by the inferior body is a juridical act as distinguished from being a ministerial act, certiorari will lie. The order passed by the Govt. against the petnrs. cannot be said to be of a ministerial kind it is, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d objection relates to the effect of Clause 12. Clause 12 no doubt states that without the written permission of the Controller a residential building cannot be converted into a non-residential one. But this is not a condition imposed under Clause 9 for disposal of an appln. made by the landlord, in other words the existence of the permission of the Controller for converting a residential building into a non residential one is not a condition precedent to a valid appl. for eviction under Clause 9. Clause 9 (3) (a) for the application of which exception is taken reads as follows: A landlord may also apply to the Controller for an order directing the tenant to put him in possession of a house in the following cases. (i) if the house ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Control Order seems to have wider signification than 'residence. Such a construction has been placed on it in the application of other enactments in which the word is used In Baladin v. Lalchan Singh AIR 1927 ALL. 314 : (99 I. C. 876) it was observed that the word occupation in Section 60(c), Civil P. C., does not necessarily mean residence only. In Emperor v. Taylor 10 Bom L. R. 38, the question as to how the word occupation in the Factories Act is to be construed arose for consideration, Chandavarkar J., remarked : What is an occupation is a question of fact in each case to be determined with reference to certain well-known principles of law. The learned Mag. who has made the reference seems to think that the legal meanin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e more than one should they all or all the legal owners reside in the premises in order to invoke the aid of Clause 9 (3) (i), House Rent Control Order? In this case resp. 2 is not an individual person but an association the members of which cannot possibly reside together. But they want to conduct a school for this the building must be in their occupation, directly if the members themselves conduct it or constructively if it is done through others. Clause 9 (3) (b) states that if the Controller is satisfied that the claim of the landlord is bona fide, he can direct the tenant to put him in possession of the building. The order of the Govt. implies that it is so cannot be considered to be without jurisdiction. The petn. is, therefore, d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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