LORD SALVESEN, SIR JOHN WALLIS, VISCOUNT DUNEDIN
KESHORAM PODDAR – Appellant
Versus
NUNDO LAL MALLICK – Respondent
Judgement
Appeal (No. 91 of 1925) from an order of the High Court (December 16, 1924).
The judgment of the High Court discharged a civil rule obtained by the present appellant under s. 115
Law. Rep. 54 Ind. App. 152 ( 1926- 1927)
Keshoram Poddar V. Nundo Lal Mallick 32
(b) of the Code of Civil Procedure, 1908, requiring the President of the Improvement Tribunal to exercise the jurisdiction in revision vested in him by the Calcutta Rent Act, 1920, as amended.
The facts and the material enactments appear from the judgment of the Judicial Committee.
The case was heard in the High Court together with two other rules of the same nature, that in this case being No. 1025 of 1924. The learned judges (Greaves and Chakravarti JJ.), affirming the view of the President, held that the effect of the Act as amended was that it was a temporary Act which, as to premises with a rent of over Rs.250 a month, came wholly to an end on March 31, 1924, and that consequently there was no jurisdiction to proceed in the matter after that date. The judgment (sub nom. Kundalmul Dalmia v. W. Dyer) is reported at I. L. R. 52 C. 551.
A certificate was granted under s. 109 (c) of the Code of Civil Procedure that the
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