SOHANLAL DOODWALA Vs. BENODE KUMAR CHAMARIA

JUDGEMENT

(1.) This Rule arises out of a proceeding for fixation of fair rent under the West Bengal Premises Tenancy Act, 1956. The application was obviously made under Sec. 10 of the said Act.

(2.) There was between the parties, in respect of this very premises, a previous proceeding for fixation of standard rent under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. In that proceeding, the standard rent was fixed at Rs. 1,676 -14 -0 per month. The learned Rent Controller, accordingly, fixed the fair rent at the said figure under Sec. 8(l)(b) of the West Bengal Premises Tenancy Act, 1956, and did not give effect to the tenant's claim that he was entitled to have the fair rent fixed at Rs. 1,350 by reason of a subsequent agreement between the parties.

(3.) On appeal, the learned appellate officer while accepting that the fair rent of the premises, in view of the above facts and the above statutory provision, should be Rs. 1,676 -14 -0 per month, as found by the Rent Controller, has allowed the appeal and dismissed the landlord's application before the Rent Controller on the ground that, in view of the aforesaid Standardization under the 1950 Act, this application for fixation of fair rent does not lie and, secondly, the same is also barred by reason of the above agreement between the parties.