LAWS(CAL)-1952-1-10

DUDHEWALLA AND CO LTD Vs. GOVINDRAM RAMESWARLAL

Decided On January 14, 1952
DUDHEWALLA AND CO.LTD. Appellant
V/S
GOVINDRAM RAMESWARLAL Respondents

JUDGEMENT

(1.) These six Revision cases arise out of as many applications filed by the tenants for fixation of the standard rent in respect of their respective premises under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, hereinafter called the 1950 Act. The landlord is the petitioner in each of these cases.

(2.) Before I deal with these cases separately, two questions, common to all these cases, have to be answered. It appears from the order of the Rent Controller that the petitioner purchased the house (No. 20, Baranashi Ghose Street, Calcutta) of which the disputed premises form parts, in 1946 and that the house was in existence on December 1, 1941, and was in the possession of the then owners and not, of tenants.

(3.) Learned Counsel on both sides were at pains either to contest or support the finding of the Rent Controller in these cases that the entire premises were 'remodelled' or 'renovated' at a heavy cost. The Appeal Bench did not come to an independent finding of its own. Learned Counsel on both sides referred us to the evidence on this point.