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1969 DIGILAW 499 (SC)

Ratilal Balabhai Nazar v. Ranchhodbhai Shankerbhai Patel

1969-10-17

J.C.SHAH, K.S.HEGDE

body1969
JUDGMENT : Shah, J. The respondent filed a suit against the present appellant who was his tenant for a decree in ejectment claiming that the tenant was in arrears for more than six months before the date of notice under Section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and was on the account liable to be ejected. The tenant denied that he was in arrears. The Trial Court dismissed the suit. The City Civil Court, Ahmedabad, in appeal set aside the order and passed a decree in ejectment. Against that order a revision application was moved in the High Court of Gujarat. The petition was summarily rejected. An appeal was filed with special leave against that order to this Court which was also dismissed. Thereafter the tenant started a proceeding which on the face of it was incompetent. The tenant applied invoking the jurisdiction of the High Court under Article 227 of the Constitution for an order setting aside the order of the City Civil Court. The petition was rejected by the High Court. Against that order this appeal is filed with special leave. 2. Once the order of the City Civil Court was challenged in a revision application before the High Court and the High Court dismissed the application, the order of the City Civil Court got merged into the order of the High Court, and when an appeal was filed against the order of the High Court to this Court the order of the High Court merged into the judgment of this Court. The High Court of Gujarat thereafter could not be moved by a petition under Art 227 of the Constitution challenging the order of the City Civil Court. It is clear that the appellant by his petition sought to ignore the orders passed by the High Court, and the orders of this Court, and claimed relief on the footing that the order of the City Civil Court was erroneous. Such a petition was, in our judgment, plainly incompetent. The appeal is dismissed with costs. Appeal dismissed.