Mistry v Hirji
Mistry v Hirji (Civil Case No. 330 of 1950) [1952] EACA 273 (1 January 1952)
The court held that while the Coast Rent Control Board generally has jurisdiction to determine questions of subtenancy and tenancy under the Rent Restriction Ordinance, 1949, this jurisdiction is ousted once execution proceedings are filed in court. At that stage, the Board cannot entertain the claim, and the matter must be brought before the courts. The suit, though framed as a declaratory action, is in essence a claim for possession arising under the Ordinance, and could have been filed in the subordinate court regardless of the amount in dispute. Consequently, any costs recoverable by the…
Source excerpt
- Rent Restriction
- Jurisdiction Of Rent Control Board
- Execution Of Possession Orders
- Subtenancy Disputes