- (1.) The above cases were heard together. They arise out of applications under Section 115, Civil P. C., hereinafter called the Code. The Orders complained of in these Rules were passed by the Chief Judge of the Court of Small Causes, Calcutta hereinafter called the Chief Judge, modifying on appeal the orders made by the Additional Rent Controller fixing the standard rent of certain premises under the provisions of the West Bengal Rent Control (Temporary Provisions) Act, 1948, hereinafter called the Act.
(2.) Mr. Banerjee appearing for the opposite party has raised a preliminary objection that this Court has no power to interfere with the orders complained of under Section 115 of the Code. His contention is that exercise of this power under Section 115 of the Code has been excluded by Section 37 (6) and (7) of the Act.
(3.) It has not been disputed by Mr. Mukherjee appearing on behalf of the petitioner that the Provincial Legislature may, by appropriate legislation, take away the powers of this Court to interfere under Section 115 of the Code with an order passed by a Judicial Tribunal of Civil Jurisdiction.;