- (1.) THIS is a Civil Revision and an application under Article 227 of the Constitution of India. The petitioner is Messrs. Nan and Company Private Limited. The opposite parties are Dalhousie Properties Limited and the Bengal Stationers Syndicate.
(2.) THIS Rule was directed against the judgment and order dated the 14th June, 1961 and also the judgment and order dated the 3rd June, 1960 passed by the Additional Rent Controller, Calcutta in case No. 2441a of 1956. It raises a significant point of interpretation of fair rent in section 16 (3) of the West Bengal Premises Tenancy Act 1956, read with section 8 (1) (e) thereof.
(3.) THE facts briefly are as follows: The petitioner is the tenant of the first degree. The opposite party Dalhousie Properties limited is the landlord and the opposite party Bengal Stationers Syndicate is the sub-tenant. The petitioners were the tenants under the first opposite party in respect of a shop room in the ground floor of premises No. 9a Dalhousie Square East since the month of May 1938. Before the dispute started the rent payable by the petitioners to the first opposite party was Rs. 320/- per month. The petitioners sublet a portion of the said shop room to the second opposite party from before 1950 at a rental of Rs. 43/ -. On the 2nd November 1956, the second opposite party made an application before the Rent Controller under section 16 (3) of the West Bengal Premises Tenancy Act, 1956 joining the landlord as opposite party No. 1 in such proceeding. The only prayer made in that application was for a declaration that the interest of the petitioner had ceased and the second opposite party, that is the petitioner in the present case, was a direct tenant under the first opposite party. On the 14th November, 1957 the Additional Rent Controller granted the declaration that the present petitioner is a direct tenant and also made an order to the effect that the Inspector would measure the accommodation of the intermediate tenancy held by the immediate landlord and he would also verify the measurements, statements and other particulars. Then the petitioner states that he was advised that he had nothing further to do with the matter in view of the fact that the Additional Rent Controller under the relevant provisions of the statute could not but maintain the total quantum of rent receivable by the landlord from the petitioner. Ultimately on the 3rd June 1960 the Additional Rent Controller fixed the fair rent of the premises in occupation of the petitioner at Rs. 467/-per month and that of the former subtenant at Rs. 46/- per month. The [petitioner's case is that he was surprised at this increase in rent and he therefore made an application for review of the said judgment and order dated the 3rd June, 1960. On the 14th June, 1961 the Additional Rent Controller rejected the application of the petitioner.;