L R COUNSELL Vs. SUKUMARI DEBI

JUDGEMENT

(1.) This case came before this Court once on a previous occasion from a decision of the President of the Tribunal. On that occasion the President had dismissed the application for fixing a standard rent on the ground that the demised premises did not fall within the provisions of the Calcutta Rent Act. The decision of the learned President of the Tribunal was set aside by this Court and the case was sent back to him for trial of the other issues involved in the case.

(2.) The present Rule was obtained by the tenant for the revision of the, judgment now pronounced by the President fixing the standard rent in revision of the standard rent fixed by the Rent Controller.

(3.) Before the Rent Controller the relevant question that was raised apparently was that the premises were let out on a higher rent than what was alleged by the tenant on the 1 of November 1918. The pleader for the landlady made an application before the Rent Controller to the effect that the hearing of the matter should be adjourned till the decision of an appeal arising out of a suit for rent brought in the Alipur Court was decided. This the Controller refused to do. Upon that the pleader appearing for the landlady did not choose to take any part in the proceedings and did not cross-examine any of the witnesses examined on behalf of the tenant who was the petitioner before the Rent Controller. On the evidence the Rent Controller found that the premises were let out on a rent of Rs. 235 per month on the 1 of November 1918, and adding 10 per cent to that amount he fixed Rs. 259 as the standard rent for the demised premises.