TMI Blog1953 (2) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners are the owners of a property situate at Abdul Rehman Street. Two notices were served by the Municipality upon the petitioners calling upon them to carry out certain repairs. Plans were submitted by the landlords to the Municipality; those plans were not approved of by the Municipality, and a further notice was served upon the owners drawing their attention to the fact that a part of the property abutted upon Abdul Rehman Street and was within the set back line, and the owners were called upon to carry out the repairs and to demolish that part of the building which was within the set back line. The owners then served notices upon the occupants of the building calling upon them to vacate the property in order to enable the landlor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he landlords to put up props in the rear portion of the building to carry out the repairs to the rear portion of the building as contemplated by the report of the architect; and he also directed by the order that after this work was carried out the tenants should remove themselves and all other persons and goods from the front portion of the premises in order to enable the landlords to carry out the work of setting back the front portion of the building which fell within the set back line. 3. The order of the learned Chief Judge is challenged on the ground that the learned Chief Judge by making this order is compelling the landlords to incur extra expenditure and practically dictating to the landlords how they should repair their own bui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonable facilities, but the facilities directed to be given would be unreasonable. Therefore, if the learned Chief Judge took the view that the real portion of the building should be repaired first so that it would not cause inconvenience to the tenants, and the front portion of the building should be repaired Subsequently, we are not at all sure that the learned Judge independently of the report of the architect was not making an order within the ambit of Section 507 of the Act. Therefore, in our opinion, the learned Judge below was right in holding that the order passed by the learned Chief Judge was an order within his jurisdiction. 5. Rather an important question of practice arises in this case with which it is necessary to deal. Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the building were vitally affected by the order of the learned Chief Judge; and it was not proper for the petitioners merely to. have made the Tribunal a party to the petition, without making the occupants also parties to the petition. In England when a Tribunal is served with a rule issued by the Court on a petition, it is very rarely that the Tribunal shows cause; and this practice has grown up for obvious reasons. In a large majority of cases a Tribunal would not be concerned with the decision that the Court would give on the petition. The Tribunal has made an order; it has done its duty by deciding a particular case before it; and it would be for the Court to consider whether its decision was with jurisdiction or without jurisdiction, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In this case Mr. Rege has drawn our attention to the fact that the Chief Judge submitted to the orders of the Court and that he had appeared in order to make an affidavit to place all the relevant facts before the Court. Now, if the Tribunal is not contesting the petition, we see no reason why it should merely appear to file an affidavit to place all the relevant and material facts before the Court. If the Court requires any facts or information, it is always open to the Court to direct the Tribunal to file the necessary affidavit, and this can be done without the Tribunal appearing and submitting to the orders of the Court. Therefore, in our opinion, as a matter of practice if the Tribunal merely appears in order to submit to the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry party to the petition challenging the order made by the Tribunal, we do not think that we should interfere with the order of costs made by the learned Judge. But we certainly do not propose to award to the Tribunal greater costs than what have been awarded by the learned Judge below. We have been told that it is very necessary that the Tribunals, which are in large numbers and which decide several cases and whose decisions are very often challenged in this Court, should know what is the correct attitude for them to take up when the rule in a petition is served upon them. We have, therefore, thought it necessary to lay down a practice which can be easily conformed to by the Tribunals. 10. Appeal dismissed, the appellants to pay the cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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