W REBEIRO Vs. ELIAS EMJACOB

JUDGEMENT

(1.) This Rule arises out of proceedings taken by the opposite party under the Calcutta Rent Act for fixing the standard rent of certain premises.

(2.) It appears that the opposite party took a three years lease of the entire premises No. 40 Ripon Street at a rent of Rs. 150 in July 1919, and on the 4 August 1919 sublet, it, with the exception of three rooms facing Ripon Street at a monthly rent of Rs. 200 exclusive of taxes to the petitioner. Disputes having arisen between the partes, regarding the rent, the opposite party applied to the Rent Controller for fixed the standard rent of the premises held by the petitioner i.e., of the building with the exception of the roadside rooms. The Rent Controller fixed the standard rent of the premises at Rs. 148 per month exclusive of taxes. The opposite party thereupon moved the President of the Improvement Tribunal for revision of the order of the Rent Controller under Section 18 of the Rent Act, and the President held that the sub- letting of the premises (excepting the roadside rooms was the first letting of the premises after November 1918, and fixed the standard rent of the premises in question, as between the opposite party (the lessee) and the petitioner (the sub-lessee) at Rs. 200 exclusive of taxes.

(3.) Now under Clause (c) of Section 2 the expression "landlord" includes "a tenant who sublets any premises". The opposite party, therefore, is a landlord within the meaning of the Act. The expression "premises" includes a part of a building let separately. It is accordingly contended on behalf of the opposite party that as between the opposite party who must be treated as the landlord under the Act and the petitioner, the premises includes a part of the building separately let to the petitioner) was first Jet on the 4 August 1919. In construing the provisions of Section 2(f)(ii) the question arises whether it contemplates only one first letting or there may be more than one first-letting as portions of the premises are sub-let from time to time to different persons.