( 1 ) THIS Rule is at the instance of a tenant who complained under Section 34 of stoppage of water by the landlord. He mentioned 25-1-1951, as the time when this was done. His petition before the Rent Controller under Section 34, West Bengal Premises Rent Control (Temporary Provisions) Act of 1950 was on 29-1-1951. 'prima facie', no question of limitation arises. No issue as to limitation under Section 34 was ever raised before the Rent Controller. The learned Subordinate Judge without proper appreciation of what was being done by the Rent Controller held that the occurrence related to violation of an order passed in 1949 by Mr. S. K. Neogi but the judgment of the learned Rent Controller itself will show that what the Rent Controller meant was that instead of carrying out what Mr, Neogi had previously ordered in 1949 the landlord further harassed his tenant by an additional act of plugging the tenant's pipe this time. He says: "it appears that the landlord instead of plugging his pipe plugged the pipe of the petitioner. " It is abundantly clear therefore that the question of limitation was misunderstood by the learned Subordinate Judge.

( 2 ) THE learned Subordinate