P. B. MUKHERJI, J.

( 1 ) THIS Rule is directed against the order of the Small Cause Court Judge made on 16-8-1951 under Section 14 (4), Rent Act of 1950. The order that he made was in these terms:"parties present as before. Parties heard, through pleaders. Parties do not examine themselves. The rents in arrears amount to Rs. 469/1/ -. The defendant to deposit this sum within 31-8-51 to 1-9-51 for order. "

( 2 ) IT is said now on behalf of the petitioner-tenant that the order to deposit rev t was made on the basis of the contractual rent of Rs. 60/- per month including electricity. This, it is contended, is illegal, because in this particular case on 16-8-1951 when the Judge made the order there was a standard rent fixed by the Rent Controller at Rs. 21/4/ -. It is, therefore contended that he should have required the tenant to deposit at the rate of this standard rent. It is the case of the petitioner that he had been depositing rent with the Rent Controller for at least ten months before the suit for ejectment by the opposite party was instituted.

( 3 ) IN answer to this argument the learned Advocate on behalf of the opposite party contends that the language used in Section 14 (

Click Here to Read the rest of this document