SETHIA PROPERTIES A DISSOLVED FIRM Vs. T R BHAVNANI
HIGH COURT OF CALCUTTA
SETHIA PROPERTIES A DISSOLVED FIRM
T R BHAVNANI
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(1.) THIS is a reference made to a Special Division Bench, under the second proviso to Rule I Chapter II of the High Court Appellate Side Rules. The particular question of law referred for determination is:-"whether Rule 9 of the West Bengal Premises Rent Control Rules 1950 is ultra vires?" rule 9 above-referred to is quoted below :-
"9. In making inquiries under the Act, the Controller, the Chief Judge of the Court of Small Causes, Calcutta, the District Judge or the Judicial Officer to whom the case may be transferred under the provisions of clause (a) or clause (b) of sub-section (1) of section 32 shall follow, as nearly as may be, the procedure laid down in the Code of Civil Procedure, 1908, for the regular trial of suits, the substance only of the evidence being recorded as in un appealable cases and shall record in brief the reasons for his findings. "
(2.) I need refer to the facts of the case briefly, so as to understand how this Reference came to be made.
(3.) THE petitioner, Sethia Properties, is the owner of premises No. 19, Royd Street, Calcutta. Suite No. 7, in the said premises, originally used to be occupied by one C. A. Sarkies, as a monthly tenant. At his instance the rent of the said suite had been standardised at Rs. 69-5-0 per month, with effect from the month of May, 1950. After the said Sarkies had left the suite, the same was let to the present opposite party, from the month of February, 1952, at a monthly rent of Rs. 150| -. A sum of Rs. 150/- was also received, by the petitioner from the opposite party, by way of advance payment of one month's rent.;
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