Rent Controller jurisdiction and certiorari remedy under rent law: statutory appeal barred writ relief absent breach of justice.

Under the Bombay Rent Act, 1944, the Rent Controller had limited jurisdiction to fix standard rent where the statutory conditions were met, including where there was difficulty in applying the Act because the later premises were not identical to the earlier letting or improvements had been made; on the facts, the Controller acted within Section 13(b). A writ of certiorari was not available merely because a statutory appeal existed, since that remedy is ordinarily adequate unless there is breach of fundamental principles of justice, and no such breach was shown here. The challenge therefore failed both on jurisdiction and on remedy, and the appeal was dismissed with costs.

---

---

Issues: (i) Whether the Rent Controller had jurisdiction to fix the standard rent under the Bombay Rent Act, 1944; (ii) Whether a writ of certiorari could be refused because an appeal lay under the statute.

Issue (i): Whether the Rent Controller had jurisdiction to fix the standard rent under the Bombay Rent Act, 1944.

Analysis: The Act defined standard rent in Section 4, but Section 13 empowered the Controller to fix it where difficulty arose in giving effect to the Act, including where the premises let were not identical with the earlier letting or where improvements had been made. On the record, the Controller proceeded on rival claims as to the size and condition of the tenement and expressly acted under Section 13(b). That brought the matter within the limited jurisdiction conferred by the statute.

Conclusion: The Controller had jurisdiction to fix the standard rent; this issue was decided against the appellant.

Issue (ii): Whether a writ of certiorari could be refused because an appeal lay under the statute.

Analysis: The existence of an appellate remedy ordinarily weighs against certiorari, but it is not an absolute bar. The writ may still issue where the inferior authority has acted in breach of fundamental principles of justice. Here there was no allegation of such breach. The appellant also failed to pursue the statutory appeal within time, and that omission did not justify resort to certiorari.

Conclusion: Certiorari was not available, and this issue was decided against the appellant.

Final Conclusion: The challenge to the Rent Controller's order failed in substance and in remedy, and the appeal was dismissed with costs.

Ratio Decidendi: A writ of certiorari will ordinarily not be granted where an adequate statutory appeal exists, unless the impugned action involves breach of the fundamental principles of justice; and under a rent control statute, the Controller may validly fix standard rent where the case falls within the statutory provision conferring jurisdiction to resolve such difficulty.

---