High CourtsDivision Bench(1949) 07 PAT CK 0006

Kumar Rani Sayeeda Khatoon vs Basdeo Pandey and Others

Patna High Court · Decided on 18 July 1949 · Citation: AIR 1950 Patna 43

HON’BLE JUDGES
Ramaswami, J · Manohar Lall, J
RESULT
Dismissed
CASE NUMBER
A.F.A.D. No''s. 1826 and 1828 of 1947

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Judgment

3 paragraphs · 228 words
1.

IN these two appeals, the question for decision is whether the reduction of rent by the Rent Reduction Officer in the circumstances narrated below was without jurisdiction.

2.

It appears that the Rent Reduction Officer assumed the rental in one case to be about Rs. 275 and reduced it to RS. 206-15-0 and in the other case he assumed the rental to be Rs. 124 and reduced it to Rs. 113, It is argued that the Rent Reduction Officer was in error in assuming the rent which he purported to reduce to be at these two figures. In our opinion no question of jurisdiction is involved because on the finding that the landlord-appellant was a party to these proceedings and was actually, cognizant of the proceedings, the Rent Reduction Officer was right in assuming when no protest was made before him that the rent which he was asked to reduce was the rental at the lower figure stated above and not at the higher figure alleged in the argument. A number of cases of this Court were reviewed by the Full Bench decision of Ramranbijaya Prasad Singh Vs. Ram Kawal Upadhya and Others, in which the leading judgment was delivered by my learned brother. It is no longer possible to accept the argument advanced before us.

3.

For these reasons the appeals are dismissed but without costs.