DWIJESH CHANDRA MAITY Vs. BALAI CHANDRA GHOSE

JUDGEMENT

(1.) An interesting question regarding court-fee, payable on a memorandum of appeal filed against an order dismissing an application for fixation of rent, has been raised in this application.

(2.) Regard being had to the public importance of the question and also its importance from the point of view of Government revenue, I directed that the notice of the Rule be given to the Government Pleader, Mr. N.C. Chakravartty. The learned Government Pleader, appeared in this case and assisted me in deciding the question raised.

(3.) The Petitioner is a tenant in respect of a portion of premises No. 169A, Upper Circular Road, Calcutta. The rent which was being last paid was at the rate of Rs. 60 per month. On August 27, 1956, the tenant Petitioner filed an application before the Rent Controller, Calcutta, for fixation of fair rent. The material portion of the said petition is quoted below: