NARENDRA KRISHNA Vs. GOUR CHANDRA

JUDGEMENT

(1.) This Rule has been obtained by the landlord. The tenant applied for fixation of standard rent before the Rent Controller. The Rent Controller fixed the rent and the tenant appealed. The appeal of the tenant was successful and the landlord has now obtained this Rule against the order passed on appeal.

(2.) The proceedings for standardisation were under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, and the Rent Controller passed his order under that Act. When the appeal was filed, the new Act of 1950 came into force. The appeal was filed before the Chief Judge of the Presidency Court of Small Causes and he acting in accordance with the provisions of Section 32 (1) (a) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, transferred the case for hearing to another Judge at Calcutta, Court of Small Causes. The Judge decided the appeal.

(3.) It is argued on behalf of the landlord that the Court had no jurisdiction whatsoever to decide this appeal and the argument urged on his behalf may be put thus: Under the West Bengal Premises Rent Control (Temporary Provisions) Act of 1948, an appeal by a person aggrieved by any order of the Controller lay in respect of premises in the Presidency town of Calcutta to the Chief Judge of the Court of Small Causes, Calcutta. The Chief Judge could either hear the appeal as a Chief Judge or he could transfer it for hearing to such persons specially empowered to hear such appeals by the provisions of Section 32 (2). He had no right to transfer it to anybody else.