Skip to content


Nagendra Bhusan Beed and anr. Vs. Mrs. M. Parker and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata High Court
Decided On
Case NumberCivil Rule Nos. 747 and 748 of 1951
Judge
Reported inAIR1953Cal465,55CWN661
ActsWest Bengal Premises Rent Control (Temporary Provisions) Act - Section 9(1)
AppellantNagendra Bhusan Beed and anr.
RespondentMrs. M. Parker and anr.
Appellant AdvocateBinayak Banerjee and ;Sushil Kumar Biswas, Advs.
Respondent AdvocateNani Kumar Chakravarty and ;Sukriti Ganguly, Advs.
Excerpt:
- .....judge fifth bench of the court of small causes, calcutta, reversing on appeal orders passed by the rent controller fixing the standard rent of premises nos. 114c and 114d ripon street. it is abundantly clear that these two flats were let out to tenants on 1-12-1941, the respective rents payable being rs. 110 and rs. 125/-. it is therefore a case where the basic rent is known and the court has got to proceed to standardise the rent under section 9(1) (a) of the act read with schedule a.2. paragraph 4 of schedule a can have no application to this case where there was a basic rent in respect of the premises in question. the' basic rent of the premises would be the rents payable in december 1941 plus ten per cent. the learned judge of the fifth bench has entirely misunderstood the provisions.....
Judgment:

G.N. Das, J.

1. These are two petitions inrevision on behalf of the landlords against an order of Mr. S.C. Talukdar, Judge Fifth Bench of the Court of Small Causes, Calcutta, reversing on appeal orders passed by the Rent Controller fixing the standard rent of premises Nos. 114C and 114D Ripon Street. It is abundantly clear that these two flats were let out to tenants on 1-12-1941, the respective rents payable being Rs. 110 and Rs. 125/-. It is therefore a case Where the basic rent is known and the Court has got to proceed to standardise the rent under Section 9(1) (a) of the Act read with Schedule A.

2. Paragraph 4 of Schedule A can have no application to this case where there was a basic rent in respect of the premises in question. The' basic rent of the premises would be the rents payable in December 1941 plus ten per cent. The learned Judge of the Fifth Bench has entirely misunderstood the provisions of Section 9 read with Schedule A of the Act. He ought to have considered that the premises in question were let out on 1-12-1941 and para. 4 of the Schedule had therefore no application to this case. The Rent Controller was, in my opinion, perfectly right in finding out the basic rent and then adding ten per cent thereto.

3. The result is that the orders passed by the learned Judge, Fifth Bench of the Court of Small Causes, Calcutta, are set aside and those of the Rent Controller restored.

4. The Rules are made absolute with costs. There will be one set of hearing-fee for the two Rules.

Harries, C.J.

5. I agree.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //