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1957 Supreme(Cal) 120

B.S.BACHAWAT
BROJA BEHARI SEN – Appellant
Versus
VED PROKASH KUMAR – Respondent


Advocates Appeared:
SUBIMAL ROY, Tondon

B. S. BACHAWAT, J.

( 1 ) THIS is a suit for the recovery of Rs. 8,436-14-0 on account of arrears of rent for the period from February 1950 to June 1956. Since April 1947 the defendant is the tenant of a portion of No. 26b, Asutosh Mookerjee Road. The agreed rent is Rs. 200/- per month. On 20-12-1949 the defendant applied before the Rent Controller in Calcutta for fixation of standard rent. On 23-3-1950 the Rent Controller fixed the standard rent at Rs. 96-4-0 per month with effect from 1-12-1949. An appeal was filed from this order. On 31-3-1950 the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force. By Section 17 of the Act further proceedings in the rent fixation matter was continued under the new Act. On 13-3-1951 the subordinate Judge. Alipore, dismissed the appeal. Later on in Civil Revision case No. 1303 of 1951 this appeal was remanded for rehearing by the District Judge on the ground that the Subordinate Judge was not competent to hear the appeal On 3-3-1953 the District Judge set aside the order dated 23-3-1950 and sent the case back on remand to the Rent Controller for determination of the standard rent. On 18-9-1953 the Rent Controller di






















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