NAGENDRA BHUSAN BEED Vs. M PARKER

JUDGEMENT

(1.) These are two petitions in revision on behalf of the landlords against an order of Mr. S.C. Talukdar, Judge Fifth Bench of the Court of Small Causes, Calcutta, reversing on appeal orders passed by the Rent Controller fixing the standard rent of premises Nos. 114C and 114D Ripon Street. It is abundantly clear that these two flats were let out to tenants on 1-12-1941, the respective rents payable being Rs. 110 and Rs. 125/-. It is therefore a case Where the basic rent is known and the Court has got to proceed to standardise the rent under Section 9(1) (a) of the Act read with Schedule A.

(2.) Paragraph 4 of Schedule A can have no application to this case where there was a basic rent in respect of the premises in question. The" basic rent of the premises would be the rents payable in December 1941 plus ten per cent. The learned Judge of the Fifth Bench has entirely misunderstood the provisions of Section 9 read with Schedule A of the Act. He ought to have considered that the premises in question were let out on 1/12/1941 and para. 4 of the Schedule had therefore no application to this case. The Rent Controller was, in my opinion, perfectly right in finding out the basic rent and then adding ten per cent thereto.

(3.) The result is that the orders passed by the learned Judge, Fifth Bench of the Court of Small Causes, Calcutta, are set aside and those of the Rent Controller restored. The Rules are made absolute with costs. There will be one set of hearing-fee for the two Rules.