COMMISSIONER OF INCOME TAX Vs. CHLORIDE INDIA LTD

JUDGEMENT

(1.) THIS revisional application has been directed against the judgment and order dated 7th August, 1992 passed by the learned Additional District Judge, 5th Court, Alipore in R.C. Appeal No. 4 of 1991 whereunder learned Judge dismissed the appeal in affirmation of the judgment dated 1.1.1991 of the Rent Controller in Calcutta in R.C. Case No. 348 of 1988. By that judgment the learned Rent Controller dismissed the petitioner's application under Section 7 of the West Bengal Premises Tenancy Act, 1956.

(2.) BEING aggrieved by the said judgment of the learned Additional District Judge, Alipore, the tenant-appellant has preferred the present Revisional Application under Article 227 of the Constitution of India challenging the same as erroneous, illegal and unsustainable.

(3.) MR.Gouranga Chatterjee appearing on behalf of the opposite party argues that this Revisional Application under Article 227 of the Constitution of India is legally maintainable since under that provision of the Constitution an order passed by an Appellate Tribunal can be challenged before this Court in so far as its legality or propriety is concerned. In support of this contention he refers to the decisions reported in (1) 1968 Cal. 170, (2) 64 CWN 152. As regards the question of maintainability of this application under Article 227 of the Constitution I have no hesitation to hold that in view of the principles enunciated in these judgments the maintainability of this application is not in any way affected.