SMT. SHANTI DEVI Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This application arises out of a proceeding initiated by respondent No. 5 for fixation of fair rent of a building and the question of law that has fallen for my consideration in this case is as to whether the proceeding, which was initiated some time in the year 1979 but remained pending till the 1983 Act came into force laying down an entire different criteria for fixation of fair rent, would be governed by the provisions of the old Act or the new Act. The petitioner is the owner of a building situated in Ward No. 7, Circle No. 6 of the Bhagalpur Municipality bearing Municipality Holding No. 11(c). A part of the said building comprising of three rooms and a kitchen etc. was given in tenancy to respondent no. 5 on a monthly rent of Rs. 100/ - in January, 1974.

(2.) An application for fixation of fair rent of the premises in his occupation was filed by him sometime in, the year 1979, before the House Controller, Bhagalpur, under Sec. 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (for short 'the 1977 Act'). According to the provisions for determining the fair rent of building as contained in Sec. 8 of the 1977 Act, the fair rent was to be determined on the basis of the municipal assessment with respect to the buildings regarding which the municipal assessment was made and that was to be 1/10th of the amount of such assessment each month. The assessment of the building in question at the relevant time was Rs. 450/ - and the Controller by his order dated 22.7.1980 (Annexure 2) fixed the fair rent of the premises in occupation of the tenant Rs. 840/ - per month.

(3.) The petitioner filed an appeal before the Collector, "Bhagalpur, who dismissed the same. Before the Collector the petitioner had taken two points, namely -