Chunder, J. - (1.) This Rule was issued at the instance of a boarder in a room in a lodging house, namely, India Hotel, at No. 62. Mirzapur Street, Calcutta, against an order by the Chief Judge of the Calcutta Court of Small Causes, under section 32 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948. The Rent Controller fixed the rate of charges of the petitioner boarder in accordance with section 22 of the Act of 1948. An appeal was taken to the Chief Judge, Court of Small Causes, against that order by the opposite party and that appeal has now succeeded after present Constitution was enacted giving a right to this Court to supervise subordinate Courts under its power given under Art. 227 of the Constitution.
(2.) As the order was under the Act of 1948, there is no revisional jurisdiction as far as the Rent Control Act is concerned and Mr. Biswas rightly contended that all the learning displayed in the petition for revision to show that it came within the revisional powers of this Court under the Rent Control legislation was futile. Mr. Biswas is right. There is no revision under the Rent Control legislation. But it was rightly pointed out that as it is a case in which jurisdiction has been exercised where no jurisdiction was given to the Chief Judge of the Calcutta Small Causes Court by the Rent Act of 1948, I should exercise my powers under Art. 227 of the Constitution in view of the very recent decision of a Divisional Bench in the case of Midnapore Zemindary Co., Ltd. v. The Regional Forest Officer, Midnapore, (58 C.W.N. 963), presided over by K.C. Das Gupta. J. Section 32 gives a right of appeal to the Chief Judge of the Court of Small Causes only in connection with "premises". "Premises" as defined in the Act do not cover the case of a lodging house of which the rate for boarding being fixed. Therefore, section 32 of the Act of 1948 gave no right of appeal to the Chief Judge and so he acted without jurisdiction in entertaining the appeal. The appellate order must be set aside and the order of the Rent Controller restored. Each party will pay its own costs in this Court.;