Judgment

BHARGAVA, J.:- Rama Sundari Debi, the first respondent in this appeal by special leave, instituted a suit for the ejectment of Indu Bhusan Bose appellant who was a tenant in premises No.18, Riverside Road, owned by respondent No.1, situated within the cantonment area of Barrackpore. The agreed rent was Rs.250 per mensem; but there was a dispute as to whether the owner or the tenant was liable to pay rates and taxes. On an application presented by the appellant, the Rent Controller fixed fair rent under Section 10 of the West Bengal Premises Tenancy Act No. XII of 1956 (hereinafter referred to as "the Act") at Rs.170 per month inclusive of all cantonment taxes, and, in appeal, the amount was enhanced to Rs.188 per month inclusive of all cantonment taxes. Respondent No.1, in December, 1960, served a notice on the appellant to quit and, on falling to get vacant possession, filed a suit in the Court of the Munsif. In the plaint, respondent No.1 claimed that, regulation of house accommodation including control of rents being a subject in Entry No.3 of List I of the Seventh Schedule to the Constitution, the State Legislature could not competently enact a law on the same subject f