AMALA BALA DEBI Vs. SARAT CHANDRA GUPTA SARMA

JUDGEMENT

(1.) This Rule raises an important question under the West Bengal Premises Tenancy Act, 1956. The Rule is directed against an order of the learned Rent Controller, staying proceedings for fixation of rent under Section 16(3) after an earlier declaration as between the landlady and sub-tenants as to the latter's direct tenancy under the former.

(2.) The Rule is also directed against an order of the learned Appellate Authority dismissing the Petitioner's appeal against the learned Rent Controller's above order as incompetent. So far, however, as this part of the Rule is concerned, it is, plainly, unsustainable as, until the fixation matter is also completed under Section 16(3), there is no order under that section appealable under the law under Section 29 of the Act. Clearly, therefore, the learned Appellate Authority was entirely right in dismissing the Plaintiff's appeal as incompetent and no legitimate grievance can be made against that order of the learned Appellate Authority. That part of the Rule cannot, therefore, succeed.

(3.) I have now to consider the Rule, so far as it is directed against the order of the learned Rent Controller, staying the proceedings for fixation of rent under Section 16(3) of the Act. The order was passed under the following circumstances: