Amulya Ranjan De vs Pulin Bihari Shaha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1949 Supreme(Cal) 235

Amulya Ranjan De – Appellant
Versus
Pulin Bihari Shaha – Respondent

JUDGMENT

Sen, J. - These two Rules have been obtained by a landlord in connection with orders passed by the Rent Controller under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, which have been upheld on appeal by the Chief Judge of the Court of Small Causes, Calcutta. The orders passed relate to the provisions of Section 38 of the aforesaid Act. Having regard to the conclusion at which I have arrived, it will not be necessary for me to consider in detail the merits of the case or to set out in detail the facts.

2. Broadly speaking, the facts are these: The Petitioner is a landlord of certain premises and the opposite party is the tenant. The Petitioner is a lessee from the Port Commissioners, Calcutta. The Port Commissioners acquired a portion of the land, which formed this tenancy, under the terms of their lease. Thereafter, the tenant applied to the Rent Controller praying for the repair of a wall abutting these premises. The Rent Controller purported to proceed according to the provisions of Section 38 of the aforesaid Act and gave certain directions to the landlord. The landlord was unwilling to carry out these directions and thereupon, Rent Controller pa

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