- (1.) This is a petition for revision of an order, passed in appeal dismissing the tenant's application for fixation of standard rent of two rooms, which are part of a bigger premises on Station Road, Kanchrapara.
(2.) The case appears to have passed through a career of tragedies. Started on July 27, 1949, the rent was at first fixed at Rs. 22-12 per month against the contractual rent of Rs. 70 per month, by Shri D.C. Pal, a Sub-Deputy Collector of Barrackpore, acting as Rent Controller. His judgment was set aside in appeal by a Subordinate Judge who remanded the matter to the same Sub-Deputy Collector for re-hearing. On remand the same rent, viz., Rs. 22-12, was fixed by the said Sub-Deputy Collector, by his order dated August 18, 1952. The judgment was affirmed in appeal but was set aside in revision by this Court.
(3.) The reason how such a state of affairs came to be, appears from the judgment of Chunder J. passed in revision, an extract from which is quoted below: It is stated that the rent fixation case was taken up by a Sub -Deputy Collector who had no jurisdiction and who provisionally fixed the standard rent. An appeal being taken to the District Judge he transferred it to the Subordinate Judge who was not empowered under the Act of 1948 to hear appeals. The original application was under the Rent Control Act of 1948. The whole proceeding in appeal having been before a court without jurisdiction must be set aside and the appeal must be remanded to the learned District Judge for disposing of it according to law and in this connection he will consider the question of jurisdiction of the original Rent Controller's Court.;