GARDNER v. BERKMAN


365 Mass. 481 (1974)

312 N.E.2d 563

COLIN GARDNER vs. BERNARD BERKMAN, trustee.

Supreme Judicial Court of Massachusetts, Norfolk.

June 12, 1974.


Attorney(s) appearing for the Case

John B. Toomey, for the defendant, submitted a brief.

Mark Stern for the plaintiff.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.


BRAUCHER, J.

The Superior Court gave declaratory, injunctive, and other relief to a tenant against his landlord, ruling that the roll-back provisions of the rent control act, St. 1970, c. 842, § 6 (a), apply to preexisting leases. The landlord's appeal brings to us the single question whether the controversy was within the exclusive original jurisdiction of the District Courts under §§ 10 (b) and 11 of the rent control act. We hold that the Superior...

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