MADHUSUDHAN Vs. SHYAM DASS

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India.

(2.) Certain premises were let by Pandit Madhusudan to Shyamdas on a rent of Rs. 35/- per month and the tenant thinking that the rent was too high filed an application in the Court of the Rent Controller on the 3rd of May 1949 for fixation of standard rent, and after taking proceedings in this case the Rent Controller on the 24th of January 1950 fixed the rent of the premises at Rs. 10/- per month exclusive of light and water. Both parties Went in appeal to the Court of the Collector, Jaipur, who, on the 27th of April 1950, increased the vent to Rs. 12/- but included therein the charges for light. Pt. Madhusudhan who is the landlord has now come before this Court in revision and he has raised three objections: (1) That the Rent Controller did not frame any issues before deciding the case. (2) That the Rent Controller and the Collector both acted illegally in the exercise of their jurisdiction in determining the standard rent of the premises not in accordance with Schedule II of the Rent Control Order and in fixing the standard rent to Rs. 2/- under Section 6 (2) of the Rent Control Order. (3) That the Controller was wrong in including the electric charges in the standard rent when the question of the electric and water charges had been separately decided by him and the matter had become 'res judicata.'

(3.) The petitioner at the time of the hearing of this case waived the first point and we need not deal with it here.