GOURI SANKAR SHOW Vs. ANIL CHANDRA MAJUMDAR

JUDGEMENT

(1.) These are two Rules directed against the same order passed by the Fifth Judge of the Small Cause Court on 20-3-1952 in a proceeding for the standardisation of rent. Civil Revision Case No. 1666 of 1952 arises out of a Rule issued at the instance of the landlord, while Civil Revision Case No. 1804 of 1952 arises out of a Rule issued at the instance of the tenant. The subject matter of the tenancy is a room situated on the ground floor of premises No. 97 Harrison Road, Calcutta. It is said that at one time this room consisted of two rooms, Nos. 3 and 4, but some time ago the partition between the two portions was removed and the area was converted into a single room.

(2.) The application for the standardisation of rent was made by the tenant. His case was that the contractual rent of Rs. 207/- per month was excessive and inasmuch as the rent borne by the same room in 1941 was Rs. 40/- per month, the standard rent should be fixed at a much lower figure than the contractual rent. The tenant was inducted in December 1949.

(3.) The tenant's case that the identical room was let out in 1941 has not been accepted by either the Rent Controller or the Judge. Some attempt was made to prove that a portion of the room which was previously room No. 3, was occupied by a hotel but the finding of the learned Judge is that that case has not been proved. It has, however, been found that the hotel was in occupation of a room and a shed on the ground floor of the same premises in 1941 at a rent of Rs. 105/- per month.