JADUNANDAN YADAV Vs. R P SINGH

JUDGEMENT

(1.) In this case the petitioner, Jadunandan Ydav, has obtained a rule from the High Court calling upon the respondents to show cause why a writ in the nature of cetiorari should not be issued to call up and quash the order of the Assistant Custodian, dated the 22nd of September, 1955, enhancing the rent of the disputed house to Rs. 150/- par month, and also the order of the Custodian, dated the 22nd of December, 1955, dismissing a revision petition against the order of the Assistant Custodian.

(2.) The petitioner is the proprietor of a business known as "Janta Hotel'' which is situated in a portion of holding No. 143, Circle No. 24, of the Patna Municipal Corporation. The owner of the holding was Musammat Chand Tara, wife of Noor Mohammad, and she let out the disputed portion of the holding to the petitioner on a monthly rent of Rs. 70/- which was later on raised to Rs. 75/- per month inclusive of municipal taxes. In October, 1949, Musammat Chand Tara was declared an evacuee and her properties were declared as evacuee property. Later on the Assistant Custodian issued notice against the petitioner to show cause why the rent should not be enhanced. The petitioner showed cause and on the 22nd of September, 1955, the Assistant Custodian enhanced the rent of the holding to Rs. 150/- per month in addition to municipal taxes. The order of the Assistant Custodian is in the following terms.

(3.) It is necessary at this stage to refer in chronological sequence to the relevant statutes, The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947) was enacted by the Bihar Legislature in order to regulate the letting of buildings and to control the rent of such buildings and to prevent unreasonable eviction of tenants. The Act received the Governor-General's assent on the 15th of January, 1947. This Act has undergone several amendments. The Act has been amended by the Bihar Buildings (Lease, Rent and Eviction) Control (Amending and Validating) Act, 1949 (Bihar Act VII of 1950) the Adaptation of Laws and Orders, 1950 Bihar Act V of 1951, Bihar Act XXXVIII of 1951, Bihar Act V of 1953, Bihar Act IV of 1954, and lastly Bihar Act XVI of 1955. Bihar Act XVI of 1955 introduced several important amendments to the original Act. This amending Act received the assent of the President on the 26th of June, 1955. Section 4 of Bihar Act III of 1947, as amended, states.