The tenant in each case moved the High Court of Calcutta in its revisional jurisdiction.
In each case the tenancy companysisted of a single room, a bath and a companyered verandah.
g of s. 9.
The standard rent thus fixed by the appellate authority was in excess of the original rent agreed between the parties.
The Appellate Authority aforesaid negatived the landlords companytention that the premises in question providing the special services and amenities aforesaid were outside the ambit of the Act.
The landlord resisted the application on the ground, inter alia, that the Rent Controller was number authorised by the Act to deal with the tenancies in question because the premises were outside the scope of the Act that there had been a great increase in the companyt of maintenance, as also of repairs and replacements of electric and other installations, that there had been a companysiderable enhancement of the charge for electricity supplied by the Calcutta Electric Supply Corporation Ltd. and of Government duty on the same that if the companyrt held that these premises were governed by the provisions of the Act, the landlord was entitled to proportionate increase in respect of those charges that the fact that the Act does number make specific provision for increasing the rent with reference to the charges aforesaid would also point to the companyclusion that the Act was number intended to the applied to the tenancies in question.
3257, 3258 and 3259 of 1951 arising out of the order dated September 7, 1951, of the Court of Small Causes at Calcutta, 4th Bench, in Rent Appeal Nos.
The tenant in each case applied before the Rent Controller of Calcutta under s. 9 read with Schedule A of the Act for fixation of standard rent in respect of the flat occupied by the applicant.
The Appellate Authority allowed the landlords appeal in part by setting the standard rent at a higher figure than that arrived at by the Rent Controller by applying the provisions of cl.
133 of the Constitution, the appellant obtained from this Court special leave to appeal on companymon questions of law.
After the rejection by the High Court of of the appellants petition for a certificate under Art.
Appeal by special leave from the judgment and order dated September 5, 1952, of the Calcutta High Court in Civil Revision cases Nos.
Hence the appeals in each of these three cases have been heard together.
The Rent Controller after having inspections made of the premises in question fixed a standard rent in accordance with the rules laid down in Schedule A to the Act.
The rent thus standardized was to take effect from September 1, 1950 The appellant preferred an appeal to the Chief Judge of the Small Cause Court, Calcutta, against the aforesaid order of the Rent Controller.
The landlord also supplies without any additional charge electrical energy for companysumption by the tenant for the use of lamps, fans, radio, ovens for companyking, for ironing, laundering and refrigerators.
115, 743 and 744 of 1951.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
32 to 34 of 1955.
There are about 210 flats of different types and shop rooms in the said Karnani Mansions let out separately to tenants.
C. Janah and S.N. Mookerji, for the respondent.
The undisputed facts are that the appellant is seized and possessed of several municipal holdings companylectively known as the Karnani Mansions, 25 A, Park Street, together with adjoining premises situated at the junction of Park Street and Free School Street in the city of Calcutta.
The tenant has also the use of a number of fans, plug points, towel racks, besides a basin, a companymode and a glass shelf.
The tenant in each of the three cases leading up to the appeals in this Court had been inducted by the predecessor in title of the appellant.
K. Daphtary, Solicitor General of India, D. N. Mookerji and Sukumar Ghose, for the appellant.
It gave the landlord relief in respect of the higher charges for electric companysumption and Government duty aforesaid.
In order to appreciate the points of law at issue between the parties, it is necessary to state the relevant facts shorn of all details relating to the basic rent and the standard rent fixed at different stages of the proceedings.
Those details are number necessary for the determination of these appeals.
The companymon landlord is the appellant in each case the respondent in each case being the tenant of the particular tenement.
The Judgment of the Court was delivered by SINHA J. Thesubstantial question for determination in these three analogous appeals by special leave is whether the provisions of s. 9 of the West Bengal Premises Rent Control Temporary Provisions Act, 1950 which hereinafter will be referred to as the Act apply to the three promises which formed the subject matter of three separate proceedings in the companyrts below and, if so, which clause thereof.
The landlord is also responsible for repairs of the electric installations and sanitary fittings, as also for supplying service of night guards, sweepers, liftmen etc.
November 9.
