- (1.)THIS Rule is against an order of the Second Additional District Judge at Howrah in miscellaneous Appeal No. 262 of 1966. The order was made on the 18th September, 1967.
(2.)ON the 30th March, 1950 the west Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force. Section 9 (1) (f) of the act reads thus:-
"in any of the following cases, the controller shall on application by any landlord or tenant, fix the standard rent as set forth hereunder : -Where any premises have been wholly or substantially constructed after the 31st day of December, 1949, by fixing the standard rent payable for one year at a rate not less than four per centum and not more than six per centum of the reasonable costs of construction added to the reasonable price of the land included in the premises as on the date of the commencement of such construction taking into account the prevailing rate of rent in the locality for similar accommodation with similar advantages and amenities and the comparative advantages or disadvantages of accommodation in the premises: provided that where the premises whose standard rent is to be fixed form a part of the construction the standard rent shall be fixed at a rate which is fairly proportionate to the total standard rent of the entire construction. "

(3.)ON November 30, 1950, the above provisions were amended by the amendment Act 62 of 1950. The new section 9 (1) (f) stood as follows: -
"in any of the following cases, the controller shall on application by any landlord or tenant, fix the standard rent as set forth hereunder :-Where any premises have been wholly or are substantially constructed after the 31st day of December, 1949, by fixing the standard rent payable for one year at a rate equal to six per centum of the actual cost of construction as determined by the Controller added to the market price as on the 31st day of december, 1946, of the land included in the premises or to the market price of the said land as on the date of the completion of the construction whichever is less : provided that where the premises whose standard rent is to be fixed form a part of the construction the standard rent shall be fixed at a rate which is fairly proportionate to the total standard rent of the entire construction. "