Back
1933 Supreme(Cal) 23
CALCUTTA HIGH COURT
Sarat Chandra Bhattacharjee - Appellant
Versus
Shambhu Nath Bhattacharjee & Ors. - Respondent
Decided On : 08-06-1933
The court's decision was influenced by the grounds presented by the defendant petitioner, leading to the allowance of retaining the landlord's fee.
Headnote:
Landlord's Fee - Dispute over Retention of Landlord's Fee
Fact of the Case:
The court examined the record and considered submissions from both parties. The facts were not in dispute. The issue was whether the defendant, who is the petitioner, should be allowed to retain the landlord's fee withdrawn from the court after the sale in question, or whether the defendant should be made to refund the amount of the landlord's fee.
Finding of the Court:
The court found that the defendant petitioner had made good Grounds Nos 12 and 15 as stated in the petition. The Rule was made absolute, but no order for costs was given due to the special circumstances of the case.
Issues: Dispute over retention of landlord's fee
Ratio Decidendi: The court considered the grounds presented by the defendant petitioner and found in their favor, leading to the decision to make the Rule absolute.
Final Decision: The Rule was made absolute, but no order for costs was given due to the special circumstances of the case.
ORDER
1. We have examined the record in this case carefully and we have considered since yesterday with equal care the submissions made on behalf of the petitioner and also on behalf of the opposite party. The facts are not in dispute. The only question is whether the defendant, who is the petitioner before us, ought to be allowed to retain the landlord's fee which he has withdrawn from Court on the sale in question having taken place, or whether he ought to be made to refund the amount of the landlord's fee which he has withdrawn. In our opinion the defendant petitioner has made good Grounds Nos 12 and 15 taken in his petition before us; and, in that view of the matter, the Rule must be made absolute, but having regard to the special circumstance of this case there will be no order for costs.
