NIRMAL CHANDRA DUTTA Vs. GOPAL CHANDRA DEY

JUDGEMENT

(1.) This Rule has been obtained by the tenant petitioner and it arises out of a proceeding started by him for standardisation of rent and adjustment of excess payments, made on account of rent, against future rents. In the said proceedings the tenant-petitioner also claimed refund of selami, alleged to have been paid by him to the landlord opposite party, and prayed also for imposition of penalty upon the latter for accepting such selami.

(2.) The tenancy in question was in respect of a shop room on the ground-floor of Premises No. 1 Sadananda Road in the south suburbs of Calcutta and the contractual rent was Rs. 120/-p.m. The premises were constructed in June 1949 and the disputed shop-room was first let out in July 1949.

(3.) On 20-9-1949, the tenant filed his application before the Rent Controller, Calcutta, for standardisation of rent and the other reliefs mentioned above, and the said application was registered as Case No. 2433C of 1949. There followed the usual inspection by the Inspector and, thereafter, there was also a personal inspection by the Rent Controller himself and, eventually, the Rent Controller by his order, dated 21-1-1950 found against the applicant on the question of the alleged payment of selami and, upon such finding, dismissed his claim for refund and rejected his prayer for imposition of penalty on the landlord. The Rent Controller, however, by his aforesaid order, gave relief to the tenant-petitioner by fixing the standard rent at Rs. 45/- per month and by giving effect to it from September 1949 and allowing consequential adjustment of all excess payments, made by the tenant, against future rents.