P.N. Mookerjee, J. - (1.) These two Rules are directed against two Orders under section 14 (4) of the Rent Control Act, 1950. passed by the learned Fifth Judge, Court of Small Causes, Calcutta. The points that have been canvassed before me in support of the Rules relate inter alia, to the rates for deposit of the "arrears and the current rents" and a further question has also been raised that the "arrears" ought to be calculated for three years back from the date of the order and not from the date of the application under section 14 (4). It has also been contended by the learned Advocate for the petitioners that, if the three years have to be calculated from the date of the application under section 14(4) and that is to be taken as the relevant point of time for ascertaining legally recoverable arrears, that point of time should also be accepted for purposes of drawing the line between "arrears of rent" and "current rents" for purposes of the section.
(2.) In my opinion, these Rules ought, to fail.
(3.) The rates, at which the rents have been calculated by the learned Judge in the Court below, are quite in accordance with the decision of this Court in the case of Bijoy Singh Nahata v. Mohanlal Chaudhuri, (58 C.W.N. 777). To that decision I was a party and nothing has been placed before me to warrant a different conclusion.;