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1973 Supreme(SC) 44

K.K.MATHEW, A.N.GROVER
A. C. Estates – Appellant
Versus
Serajuddin And Company (Tenants) – Respondent


Judgment

GROVER: J.:- These appeals have been brought by certificate from a common judgment of the Calcutta High Court arising out of fixation of standard rent relating to the following three premises in a building in Bentinck Street, Calcutta, known as the A. C. Mansions:

1. Block A, B & C on the first floor. .

2. Suite nos. 14 and 16 on the fifth floor.

3. Suite No. 12 on the fifth floor.

2. It is not necessary to state the details except to mention only a few material facts which are relevant for the purpose of disposing of the point which has been raised. It appears that certain agreements were reached between the parties in the years 1951-52 for leasing out the premises in question. In 1954 suits for specific performance were filed by the appellant against the respondent for enforcing the agreements relating to the leases. In March 1955 three applications were filed for fixing of standard rent by the respondent. These applications were preferred under the West Bengal Premises Rent Control (Temporary Provisions) Act 1950. By an order dated December 5, 1955 the Rent Controller acting under S. 9 (1) (e) of the said Act fixed the standard rent at figures much less than the agreed amoun










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