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1951 Supreme(Cal) 114

HARRIES, BANERJEE
RESIDENCE LTD. – Appellant
Versus
SURENDRA MOHAN BANERJEE – Respondent


Advocates Appeared:
A.K.SEN, N.C.ROUT, NIREN DEV, S.BANERJEE, S.M.BOSE, SUKRITI GANGULY

HARRIES, C. J.

( 1 ) THIS is an appeal from a judgment and order of Bose J. made on an appln. under Article 226 of the Constitution. The applt. applied to this Ct. for the issue of writs of certiorari or prohibition for quashing or prohibiting certain proceedings for the fixation of standard rent of premises initiated by a tenant and then pending, before the Rent Controller of Calcutta. There was an alternative prayer for an order on the parties Under Section 45, Specific Relief Act. Bose J. came to then conclusion that there was no force whatsoever in the contentions of the applt. landlord and he accordingly dismissed the appln. in its entirety. From that order this present appeal has been preferred.

( 2 ) THE applt. is the lessee of a large block of flats known as No. 209 Lower Circular Road, Calcutta. The applt. was the tenant of these flats under a trust estate and one of the 145 flats comprised in the building was sublet to the resp. W. C. Read. The flat was let to Mr. Bead at a rent of Rs. 190 per month and by the terms of the tenancy agreement the applt. was bound to provide the tenant with electricity for various purposes, namely, lights, fans, cooking stoves, refrigerato




















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