K. C. DAS GUPTA, J.: - These two Rules arising out of the same application raise an interesting point of law whether the provisions of S.9(1)(f), West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, are applicable for the purpose of fixing standard rent under that Act when the premises for which standardisation is sought, though constructed after 31-12-1949, form part of a proposed building which has not been completed.

2. The tenant petitioner filed an application for fixation of rent in respect of one shop room which was numbered as shop room no.4, at P.30A, Kalakar Street. This room is one of the 8 rooms which have been constructed after 31-12-1949, on the ground floor of a proposed building. The proposal according to the evidence was to erect a six storeyed structure. It appears that some other rooms on the first floor have been only partially constructed. The Inspector who was asked by the court to make an enquiry as regards the costs of construction reported that the costs of construction could not be ascertained in view of the inability of the opposite party to show details of work done to the building regarding its plinth and as the opposite party was