P.N.Mookerji, J. - (1.) This Rule raises two important questions -- one relating to the proper meaning of the word "as", appearing in the Explanations to paragraphs (2) and (3) of Schedule A of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, where the expression "residential purposes" is defined for purposes of the said Paragraphs, the other involving consideration of the applicability of the doctrine of 'res judicata' in relation to proceedings for refixation of 'standard' rent under the Rent Control Act of 1950 by reason of a previous decision in a proceeding for standardisation of rent under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948.
(2.) The material facts are not in dispute and they are as follows:
(3.) The petitioner Prafulla Chandra Bhar is the landlord and the opposite party, Messrs. Prabartak Trust, the tenant in respect of premises No. 61 Bowbazar Street in the town of Calcutta. In December 1941, the rent of the said premises was Rs. 327/- p. m. and this was subsequently raised by agreement to Rs. 400/- p. m. in July, 1945. In May, 1949, the landlord applied for standardisation of rent under the Rent Control Act of 1948 and, on 19-7-49, the standard rent was fixed by the Rent Controller at Rs. 444/3/9 p. m. on the following basis, viz., : (a) The rent of December, 1941, being Rs. 327/- p. m. the 'basic rent' would be Rs. 327-: plus 10 per cent. : Rs. 359-11-3 p. m. (b) The tenant being a charitable institution, its user of the premises in question was for charitable purposes and was thus for 'residential purposes' within the meaning of paragraph (2) of Schedule A of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, by reason of the Explanation appended thereto. The landlord was, therefore, entitled under the said 1948 Act to an increment of 20 per cent, over the basic rent, i.e. to a rental of Rs. 359-11-3p plus 20 per cent.: Rs. 431-10-2p. p. m. and (c) The landlord was also entitled to a further sum of Rs. 12-9-7p p. m. on account of increment of municipal taxes, the standard rent being thus the consolidated figure of Rs. 431-10-2p plus Rs. 12-9-7p: Rs. 444-3-9 P. M.;