TaxTMI 
TaxTMI 
1950 (11) TMI 22
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....ed by resp. 1 for eviction of the petnrs. from the premises of which resp. 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 t....
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.... of persons having legal authority to determine questions affecting the rights 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. a....
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....g being staged to be the same as that in the prior petn. fails. The second 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 ....
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....nrs' construction. 5. The term 'occupation' is not defined in the House Rent 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 princip....