AIR 1953 CALCUTTA 54

Calcutta High Court

Hon'ble Judge(s): A. K. Chakravarty, Satya Brata Sinha , JJ

(A) West Bengal Premises Rent Control (Temporary Provisions) Act (17 of 1950) , S.9— Houses and Rents - Premises let out in December 1941 - Mode of ascertaining standard rent - Rent Controller cannot determine prevailing rent till rent in 1941 is investigated. Where the premises are let out in December 1941, S.9 prescribes a specific method of fixing its standard rent. If the rent then paid is ascertainable, the standard rent has to be worked out in a particular way. If such rent cannot be ascertained, then only it is permissible under S.9(2) to determine approximately the rent at which in reasonable probability the premises were let out on that date. Even S.9(2) does not speak of ascertaining the prevailing rent at the date of the application, but speaks of ascertaining the rent which might in reasonable probability be payable for the premises in December 1941. In such cases, therefore, the Rent Controller has no jurisdiction at all to proceed straight way to determine what the prevailing rent is till he has investigated whether the allegation that the premises had been let out in 1941 was true and if true, what was the rent paid in 1941.(Para 14) (B) West Bengal Premises Rent Control (Temporary Provisions) Act (17 of 1950) , S.31(1)(a)— Houses and Rents - Scope of - Does not empow....