NANDA DULAL DEY Vs. BISSESWAR CHAKRAVARTY

JUDGEMENT

(1.) This Rule was obtained on behalf of the tenant and is directed against an order passed by the Court of Small Causes under Section 32 (4) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The learned opposite party made an application before the Rent Controller, Calcutta for fixing the standard rent in respect of the premises in question under the provisions of Section 9 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, and claimed Rs. 250/- per month as the fair rent of the premises. The Rent Controller had the premises inspected by an Inspector under Section 31 of the said Act, read with Rule 9 framed under Section 47 of the said Act. After the submission of the inspection report the Additional Rent Controller personally inspected the premises, but he did not himself take any measurement or make any record of the result of his inspection. The Additional Rent Controller assessed the standard rent at Rs. 126/8 as per month with effect from April 1950 on the basis of his own inspection. Against this order, the tenant moved the Court of Small Causes and the standard rent fixed was modified. It was fixed at Rs. 115/8 as. per month. It is against this order by the Court of Small Causes that the present Rule has been obtained.

(2.) The principal question which has been raised in this case before us is as to what is the proper procedure to be followed in fixing the standard rent by the Rent Controller or by the Court of Small Causes.

(3.) The law provides not only an opportunity to be given to the parties concerned to adduce relevant evidence before the authority for fixing the standard rent, but under rule 9 framed under Section 47 of the West Bengal Premises Rent Control (Temporary Provisions) Act 1950 which runs as follows the court may direct a local inspection: