HIND ESTATE LTD Vs. ANSAR AHMED

JUDGEMENT

(1.) This Rule is directed against an order, dated 14-9-1951, passed by Sri N. Banerjee, Additional Subordinate Judge of Alipore, whereby he affirmed an order passed on 6-1-1951, by the Rent Controller, Calcutta, The petitioner before us is the landlord of the premises concerned namely, the Hind Estate Limited.

(2.) It appears that the petitioner holds a lease for 99 years in respect of Premises No. 220/1, Lower Circular Road, and certain other premises. That lease is dated 30-12-1948. The opposite party is admittedly a tenant in respect of one shop room in Premises no. 220/1, Lower Circular Road, and it is to. the fixation of the standard rent for that one shop room that the present Rule relates.

(3.) The application for the fixation of a standard rent was made by the tenant opposite party on 27-10-1950. In para. 4 of that application it was stated that the shop room was a small one, measuring 15' 10" by 8' and tbat the rent in December 1941, was about RS. 20 only. The current rent, however, that was being paid by the tenant was Rs. 54-4-0 and the complaint made by the tenant was that that rent was exorbitant, compared with the rent with regard to similar premises prevailing in the locality.