SURENDRA PRASAD SAH Vs. KIRTI BHUSHAN DAS

JUDGEMENT

(1.) This writ application arises out of a fair rent proceeding instituted by the petitioner in the year 1958 before the House Controller under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, briefly the 'Act'.

(2.) The petitioner is the owner of a premises bearing Holding No. 68 situated at D. N. Singh Road, in the town of Bhagalpur. Respondent No. 1 is a tenant in the said premises and the monthly rental payable by him was Rs. 39,14. Before the general assessment by the Bhagal-pur Municipality, the annual letting value of the holding in question, according to the preceding assessment valid up to 31-3-1958, was Rs. 300.00 only. This was raised from 1-4-1958 to Rs. 470.00. After the revision of the valuation, the petitioner made an application under Section 5 of the Act for determination of the fair rent of the premises in question, praying to fix the same at Rs. 47.00 per month, being one-tenth of the amount of the Municipal assessment, as prescribed under Section 8 (1) (b) of the Act. The tenant in the meantime filed Title Suit No. 19 of 1960 in the Court of the Munsif, Bhagal-pur, challenging the validity of the revised Municipal assessment intef alia on the ground that no notice of the same was given to him. The trial Court decreed the suit. The lower appellate Court reversed the same, but this Court in Second Appeal No. 6 of 1966 set aside the Judgment and decree of the lower appellate Court and decreed the suit on 29-6-1971 declaring the revised assessment to be illegal and not binding on the tenant. It was, however, observed that it would be open to the Municipal authorities to revalue or re-assess the holding in question from 1958-59 after giving notice to the occupier (respondent No. 1).

(3.) Coming back again to the fair rent proceeding. The House controller had earlier fixed the fair rent of the holding in question at Rs. 30.00 per month with effect from 2-4-1958 bv his order dated 9-12-1964, which was affirmed by the appellate and the revisional authorities, on the basis of the old assessment prevailing prior to the revision of April 1958, perhaps on account of the pendency of a title suit. The petitioner came to this Court in C. W. J. C. No. 799 of 1965. This Court by order dated 9-11-1966 allowed the writ application, set aside the orders of respondents Nos. 2 to 4 fixing the fair rent of the holding in question and remanded back the matter to the House Controller for disposal in -accordance with law as by that time the second appeal was not disposed of and the title suit filed by the tenant had been dismissed by the judgment of the lower appellate Court, and on that account, the revised assessment in question had become operative.