RESIDENCE LTD Vs. SURENDRA MOHAN BANERJEE

JUDGEMENT

(1.) This is an appeal from a judgment & order of Bose J. made on an appln. under Article 226 of the Constitution. The applt. applied to this Ct. for the issue of writs of certiorari or prohibition for quashing or prohibiting certain proceedings for the fixation of standard rent of premises initiated by a tenant & then pending, before the Rent Controller of Calcutta. There was an alternative prayer for an order on the parties Under Section 45, Specific Relief Act. Bose J. came to then conclusion that there was no force whatsoever in the contentions of the applt. landlord & he accordingly dismissed the appln. in its entirety. From that order this present appeal has been preferred.

(2.) The applt. is the lessee of a large block of flats known as No. 209 Lower Circular Road, Calcutta. The applt. was the tenant of these flats under a trust estate & one of the 145 flats comprised in the building was sublet to the resp. W. C. Read. The flat was let to Mr. Bead at a rent of Rs. 190 per month & by the terms of the tenancy agreement the applt. was bound to provide the tenant with electricity for various purposes, namely, lights, fans, cooking stoves, refrigerators, irons, radios or radiograms & also with hot water, the services of a lift & free services of sweepers, plumbers, carpenters, electricians, durwans & watchmen. The flat was let furnished & it would appear that the landlord was bound to execute repairs & to renew the furniture & fittings when the latter became deteriorated.

(3.) On 18-12-1950, the tenant resp. made an appln. in the Ct. of the Rent Controller, who has been made a party to these proceedings, for fixation of the standard rent under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The applt applied to the Ct. of the Rent Controller for dismissal of the tenant's appln. on the around that the Rent Controller had no jurisdiction to entertain the appln. or to determine the standard rent. On 17-1-1951, the Rent Controller rejected the appln. of the applt. & ultimately transferred the case to the Addl. Rent Controller, who has also been made a party in these proceedings, for disposal.