P.N. Mookerjee, J. - (1.) This Rule raises an important and interesting question of first impression. That question relates to the interpretation of section 14(4) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. There is doubtless some ambiguity in the relevant statutory language which has given rise to controversies and unnecessary complexities. The relevant facts are not in dispute and they stand as follows:--
(2.) The petitioner is a tenant under the opposite party in respect of two shop rooms in premises No. 196, Cross Street, Calcutta. On 1st December, 1941, the rental of the said tenancy was Rs. 62-10-0 per month. In August, 1946, the landlord applied for fixation of standard rent under the" Rent Control Act of 1948 which was then in force and on 14th March, 1950, the Rent Controller fixed the standard rent at Rs. 171-4-0 per month with effect from 1st September, 1949. From the said order there were appeals preferred by both the parties. Those appeals, however, were dismissed on 5th October, 1950, giving liberty to the parties to apply for refixation of standard rent under the Rent Control Act of 1950 which had come into force in the meantime. The application for refixation of the standard rent was filed by the tenant on 30th October, 1950, and this was disposed of by the Rent Controller on 28th December, 1950, standardising the rent at Rs. 68-14-0 per month with effect from 1st April, 1950. The landlord's appeal against this decision was dismissed by the learned Fourth Judge, Court of Small Causes, Calcutta, on 23rd June, 1951, subject to a slight modification as to the date from which the new standard rent would take effect, that date being altered to and specified by the learned Judge as 1st November, 1950. Aggrieved by this appellate order both parties moved this Court in revision when, on 5th September, 1952, the said order and the entire rent refixation proceedings as also the order, dated the 5th October, 1950, on which the same were based, were all set aside and the original appeals before the Court of Small Causes, arising out of the standardisation proceedings under the 1948 Act, were directed to be re-heard according to law by the learned Chief Judge personally in the light of the provisions of section 17(2) of the 1950 Act. Thereafter the matter has moved from Court to Court but the appeals have not yet been finally disposed of.
(3.) In the meantime, on or about 23rd December, 1952, the landlord-opposite party had instituted against the tenant-petitioner Ejectment Suit No., 3230 of 1950 in the Court of Small Causes, Calcutta, upon the allegation inter alia that the said tenant was not entitled to the benefit of the rent control law because of default in the payment of rent. The tenant appeared, filed written statement and raised a contest. On 14th February, 1953, the landlord applied for an appropriate order under section 14(4) of the Rent Control Act of 1950. On 20th June, 1953, the application was allowed by the learned trial Judge by his order of that date in which he observed inter alia as follows:-- "It is admitted that the standard rent originally fixed for the premises in suit in R. C. Case No. 3116A of 1949 on 14. 3. 50 was Rs. 171-4-0 per mensem. Subsequently under Act of 1950 the standard rent was refixed at Rs. 68-14-0 per month by the learned Rent Controller. In revision Hon'ble High Court dismissed the application for refixing the standard rent and held that there was no hearing of the appeal against the decision of the Rent Controller in case No. 3116A of 1949 by competent authority and that the appeal was deemed to be pending. So the standard rent originally fixed at Rs. 171-4-0 remains effective till now. As such under section 14(4) of the West Bengal Premises Rent Control Act the defendant is liable to deposit rent at that rate. Arrears of rent are due from August, 1949, to May 1953. It is admitted that the defendant has been depositing with the Rent Controller rent at Rs. 68-14-0 regularly. So the defendant is entitled to get deduction of this amount. Therefore the defendant is ordered to deposit arrears of rent at Rs. 171-4-0 per month less Rs. 68-14-0 per month as has been deposited, i.e., Rs. 102-6-0 per month for the period from August, 1949, to May, 1953, and this amount will come to Rs. 4,760-7-0. Defendant to deposit this sum of Rs. 4,760-7-0 as arrears of rent and the current damages at Rs. 171-4-0 per month every month by the 15th of the succeeding month within 15 days from this date. In default, the defence shall be liable to be struck off.";