SRIKUAR MOHTA Vs. NRIPEN BHATTACHARJEE

JUDGEMENT

(1.) This Rule arises out of a proceeding for standardisation of rent and raises a short question.

(2.) The petitioners are the landlords and the opposite party the tenant under them in respect of the disputed premises which comprise only a shop room (shop room No. 8) in the ground floor of Municipal Premises No. 29, Strand Road, Calcutta. The detailed circumstances, under which this tenancy originated, are not material for purposes of the present Rule and it is enough to state that, in a suit (Suit No. 3211 of 1951) for recovery of possession of the disputed premises brought by the present petitioners against the opposite party and another person on the Original Side of this Court on certain allegations, there was a consent or compromise decree on March 26, 1952, whereunder the opposite party became the petitioners' tenant in respect of the said premises, namely, Shop Room No. 8, mentioned above, at a rental of Rs. 550 p.m. This agreed or contractual rent was to take effect from the beginning of March 1952 which was to be taken as the commencement of the above tenancy.

(3.) Thereafter, however, on April 30, 1953, the opposite party applied before the Rent Controller for standardisation of rent and other consequential reliefs by way of refund or adjustment of excess payments, the application being headed as one under Sections 7, 9 and 10 of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950. The application was actually registered as Case No. 551A of 1953. This action on the part of the tenant-opposite party naturally embittered the feelings between the parties and the landlords-petitioners in their turn, brought Suit No. 2688 of 1953 against the opposite party after service of a notice to quit claiming his ejectment upon allegation inter alia of default in the payment of rent. This suit was brought on the Original Side of this Court on August 1, 1953.