D D BARBAR Vs. IWCDABENHAM ANDANR

JUDGEMENT

(1.) By an agreement in writing, contained in two letters, dated respectively the 29 and 31st, August 1923, the first of which was addressed by the petitioner to the respondent Debenham and the second by Debenham to the petitioner, the respondent Debenham agreed to let and the petitioner agreed to take for a period of 21 months from the 1 September 1923 with an option of renewal as therein mentioned, the lower flat of No. 4, Rawdon Street, comprising the following accommodation: sitting room with one electric fan and lights, three bedrooms with bathrooms, each bedroom with one electric fan and lights, also lights in the bathrooms, south verandah, with space under stairs with electric lights and other accommodation as therein mentioned, at a rental of Rs. 320 per month inclusive o taxes and without any other extra charge but excluding the cost of electric current. An application was subsequently made to the Rent Controller, by the petitioner to fix the standard rent of the premises and the Rent Controller on the 20 August (sic) fixed the standard rent at Rs. 232 per month, holding that the fans, electric lights and fittings formed part of the premises.

(2.) An appeal was preferred against this order to the President of the Tribunal who held that a standard rent under the Rent Act could not be made to cover fans, light or any other thing not forming part of a building or hut.

(3.) He arrived at the same figure as the Rent Controller for the standard rent of premises exclusive of fans, lights, etc.