BIMAL CHATTERJEE, LANDLORD Vs. ANNADA PROSANNA BHADURI, TENANT

JUDGEMENT

(1.) This revision petition is directed against an order of the Subordinate Judge, Tenth Court, Alipore, ordering refund of Rs. 1287-7-0 under sections 151 and 141 of the Code of Civil Procedure read with section 32(5) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.

(2.) The dispute relates to SO, Station Road, Dhakuria, of which the petitioner is the landlord and the opposite party is the tenant. The contractual rent was Rs. 1301- per month. On Feb. 25, 1949 the tenant applied for fixation of the standard rent and for refund and adjustment of the amount paid in excess. On Nov. 7, 1949 the Rent Controller fixed the standard rent at Rs. 97-8-0. On the 10th July, 1950 on appeal the Additional District Judge fixed the standard rent at Rs. 48]- per month. On Jan. 30, 1951 this court set aside both the orders and remanded the case to the Rent Controller for retrial. On Sept. 9, 1952 the Rent Controller fixed the standard rent at Rs. 27-8-0 with effect from March, 1949 and directed adjustment of the excess rent paid from March, 1949 against future rent. On Jan. 14, 1953 on appeal the District Judge fixed the standard rent at Rs. 30-13-0 with effect from March, 1949 and directed adjustment of the excess rent paid from the 1st April, 1950 against future rent. This court upheld the order in revision. On Feb. 14, 1953 the tenant deposited with the Rent Controller Rs. 1078-7-0 towards rent for 35 months from April. 1950 to Feb., 1953.

(3.) The tenant next applied to the Rent Controller for an order directing the landlord to refund Rs. 1287-7-0 on the ground that the landlord had recovered that sum in excess of the legal rent for the period from March, 1949 to March. 1950.