( 1 ) THIS is a reference by the Munsif, third court, Sealdah under Section 113 of the Code of Civil Procedure and Article 228 of the Constitution. The facts in this case are shortly as follows: The plaintiff Rama Sundari Devi is the owner of premises No. 18 Riverside Road which is within the cantonment area of Barrackpore. The defendant was a tenant thereof at a monthly rent of Rs. 250/- There is a dispute as to who was to pay the rates and taxes. Oh 17th March, 1958 the defendant filed an application before the Rent Controller for fixation of the fair rent under Section 10 of the West Bengal Premises Tenancy Act, 1956. The Rent Controller fixed the fair rent at Rs. 170/- per month inclusive of all cantonment taxes. In an appeal therefrom, the learned Subordinate Judge, Tenth Court, Alipore fixed the fair rent at Rs. 188 per month inclusive of all cantonment taxes. On or about 7th December, 1960 the plaintiff served notice to quit upon the defendant and upon failing to get vacant possession, filed a suit before the Fourth Court of Munsif, Sealdah, being Title Suit No. 23 of 1961 (Sm. Rama Sundari Devi v. Shri Indu Bhusan Bose ). In the said suit it was claimed that "