PROFULLA CHANDRA Vs. PRABARTAK TRUST

JUDGEMENT

(1.) This Rule raises two important questions -- one relating to the proper meaning of the word "as", appearing in the Explanations to paragraphs (2) and (3) of Schedule A of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, where the expression "residential purposes" is defined for purposes of the said Paragraphs, the other involving consideration of the applicability of the doctrine of 'res judicata' in relation to proceedings for refixation of 'standard' rent under the Rent Control Act of 1950 by reason of a previous decision in a proceeding for standardisation of rent under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948.

(2.) The material facts are not in dispute and they are as follows:

(3.) The petitioner Prafulla Chandra Bhar is the landlord and the opposite party, Messrs. Prabartak Trust, the tenant in respect of premises No. 61 Bowbazar Street in the town of Calcutta. In December 1941, the rent of the said premises was Rs. 327/- p. m. and this was subsequently raised by agreement to Rs. 400/- p. m. in July, 1945. In May, 1949, the landlord applied for standardisation of rent under the Rent Control Act of 1948 and, on 19-7-49, the standard rent was fixed by the Rent Controller at Rs. 444/3/9 p. m. on the following basis, viz., :