Chakravartti, C.J. - (1.) This Rule is directed against an order dated February 22, 1952, passed by the learned Chief Judge of the Small Cause Court whereby he varied an order passed by the Rent Controller.
(2.) The facts arc that the petitioner before us purchased the stock-in trade of a certain company, known as the Mercantile Electric Company, which was then occupying shops Nos. 6 and 7 at premises No. 31/A, Dharamtolla Street, Calcutta. The purchase was made on the 20th January, 1942. The premises are owned by the opposite party and from May, 1952, the petitioner himself became a tenant under the opposite party. The rent paid by the petitioner was Rs. 140 per month, but in 1945 it was raised to Rs. 154. On the 31st March. 1949, the opposite party made an application for the fixing of a fair and reasonable rent under the Rent Act of 1948 and shortly thereafter, in May, 1949, the petitioner made an application on his own account. The two proceedings thus initiated were dealt with by the Rent Controller together and he disposed of them by one judgment. Two separate orders however, were passed in the two proceedings.
(3.) The Rent Controller fixed the standard rent at Rs. 69-11-6 per month with effect from April, 1949. The landlord not being satisfied with that order, appealed, but he appealed only from the order that had been passed in the proceedings initiated by himself. No appeal was preferred from the other order made in the other proceeding initiated by the petitioner. The learned Judge, for the reasons given in his judgment, held that the rent paid in December, 1941, was Rs. 140 as alleged by the landlord and that being so, he determined the standard rent at the amount of Rs. 177-1-6 per month in accordance with Schedule A to the Act of 1950. He directed further that the standard rent fixed by him would be payable from the month of April, 1949, "as the application of the landlord is dated 31st March, 1949.";