LADY DOROTHY LORT WILLIAMS Vs. UDITANDU PRAKASH MULLICK

JUDGEMENT

(1.) The petitioner has moved this Court, under Articles 226 and 227 of the Constitution, for an appropriate writ to quash the order, passed under Section 5 of the Bihar Buildings (Lease, Bent and Eviction) Control Act, 1947 (Bihar Act III of 3947), hereafter referred to as "the Act", of the Controller dated 22-9-1955 (Annexure D to the application), and, the subsequent orders passed on appeal by the Deputy Commissioner, Ranchi, on 3-5-1956 (Annexure E), and, on revision by the Commissioner of Chotanagpur Division on 12-11-1956 (Annexure F) upholding the order of the Controller dated 22-9-1956 (Annexure D).

(2.) On the above application of the petitioner, a rule was issued by this Court against the opposite party to show cause why the aforesaid orders should not be quashed.

(3.) Cause has been shown by Mr. Bay Paras-nath, Government Pleader, on behalf of the opposite party. The petitioner is the owner of a holding which she has let out to opposite party 1, oa a monthly rental of Rs. 700/-. The opposite party 1 is running a hotel called "Grand Hotel" in this holding. The tenant, opposite party 1., made an application under Section 5 of the Act for determination of a fair rent for the building in his occupation.