1. THE Judgment of the Court was as follows : In the instant revisional application under Article 227 of the Constitution order dated 26.11.2009 passed by the learned Rent Controller, Siliguri in Rent Control Case No. 12 of 2003 arising out of an application under Section 20 read with sub-section 4A of Section 17 of the West Bengal Premises Tenancy Act, 1997, as amended, has been assailed.

2. LEARNED Lawyer for the petitioner submits that the learned Rent Controller considered the basis of a put up petition on 26.11.2009. On that date the learned Advocate for the petitioner stated that the opposite party as well as the GP attended before the Court and the opposite party (Assistant Engineer, Survey Sub Division-ll, Public Health Engineering Directorate, Station Feeder Road (S.F. Road), Siliguri agreed before the Court to pay fair rent and the then Rent Controller has been pleased to pass order for fair rent as per norms of WBPT Act. LEARNED Advocate for the petitioner further stated that the then Rent Controller did not fix the rate of actual rent in his order dated 12.03.2009 and so he had prayed before the Rent Controller to pass order specifying the exact amount of rent