BATA KRISTO PRAMANIK Vs. AKROY

JUDGEMENT

(1.) This Rule is directed against an order of the President of the Calcutta Improvement Tribunal refusing to execute an order for costs passed by him on the ground that he had no power to execute such an order.

(2.) The petitioner applied to the President of the Tribunal under Section 18 of the Rent Act for revision of an order of the Rent Controller fixing the standard rent of certain premises which the opposite party occupied as tenant. The President fixed the standard rent and awarded costs, amounting to Rs. 89.8, to the petitioner against the opposite party. The petitioner thereupon applied to the President of the Tribunal for execution of the order awarding costs. The learned President held that he had no power to execute the order for costs awarded by him.

(3.) It appears that two contentions were raised before him by the opposite party, namely, first, that the President had no jurisdiction to pass the order about the payment of costs and, secondly, that he had no jurisdiction to execute such an order.