BISWANATH DEY Vs. RAKSHIT SADHU KHAN

JUDGEMENT

(1.) This is a petition for revision of an order, passed in appeal dismissing the tenant's application for fixation of standard rent of two rooms, which are part of a bigger premises on Station Road, Kanchrapara.

(2.) The case appears to have passed through a career of tragedies. Started on July 27, 1949, the rent was at first fixed at Rs. 22-12 per month against the contractual rent of Rs. 70 per month, by Shri D.C. Pal, a Sub-Deputy Collector of Barrackpore, acting as Rent Controller. His judgment was set aside in appeal by a Subordinate Judge who remanded the matter to the same Sub-Deputy Collector for re-hearing. On remand the same rent, viz., Rs. 22-12, was fixed by the said Sub-Deputy Collector, by his order dated August 18, 1952. The judgment was affirmed in appeal but was set aside in revision by this Court.

(3.) The reason how such a state of affairs came to be, appears from the judgment of Chunder J. passed in revision, an extract from which is quoted below: