INDRA NARAYAN KUNDU Vs. GIRINDRA NATH MITRA

JUDGEMENT

(1.) This is a petition under Section 32(4) of the Rent Control Act for revision of an order of a learned Judge made on appeal in proceedings for fixation of standard rent.

(2.) The landlord applied for the fixation of standard rent of premises No. 53 Harrison Road which were in the possession of the opposite party, as a tenant. The premises were let in 1934 at a rental of Rs. 185/- and that rent has been paid ever since. The proceedings were commenced before the Rent Control Act of 1950 came into force and the judgment of the Rent Controller was also given before the 1950 Act was in force. An appeal was pending when the 1950 Act came into force and by reason of Section 17(3) of the 1950 Act the appellate Court was bound to apply the provisions of the 1950 Act relating to the fixation of standard rent, and that has been done.

(3.) As I have already said the application is for revision of the order of the appellate Judge under the provisions of Section 32(4) of the 1950 Act. But this Court has held that that sub-section gives no right to revise an appellate order which was made in proceedings which were instituted before the 1950 Act came into force. These proceedings are governed by the 1948 Act except for the provision which I have already referred to contained in Section 17(3) of the 1950 Act. There was no right of revision under the 1948 Act and this Court has already held in a case similar to the present that no revision at all lies to this Court.