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KARNANI PROPERTIES LTD. v. AUGUSTIN

Supreme Court of India | Diary 128/1956

Status

Judgment

Decided On

1956-11-09

Bench

SINHA, BHUVNESHWAR P.

Petitioner

KARNANI PROPERTIES LTD.

Respondent

AUGUSTIN

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 9

PETITIONER: KARNANI PROPERTIES LTD.

Vs.

RESPONDENT: AUGUSTIN

DATE OF JUDGMENT: 09/11/1956

BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. JAGANNADHADAS, B. IMAM, SYED JAFFER

CITATION: 1957 AIR 309 1957 SCR 20

ACT: Rent Control-Standard rent, Fixation of-Lease Providing for a consolidated rent-Landlord undertaking to Provide special amenities including supply of electric current-Applicability of the Act Determination of fair and reasonable rent- West Bengal premises Rent Control (Temporary Provisions) Act of 1950 (West Bengal XVII of 1950), s. 9 cl. (g), Sch. A.

HEADNOTE: The appellant was the common landlord of the three premises in respect of which three analogous proceedings were started by the respective tenants for standardisation of rent under s. 9 read with Sch. A of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950. Under the terms of the lease, which provided for a consolidated monthly rent, the landlord was to provide, besides electric installations, electric current for consumption and other special amenities. His defence was that the special incidents of the tenancies took the tenancies out of the scope of the Act and if not, alternatively, cl. (g) of s. 9 of the Act should apply and the rent increased proportionately to the increase in the charges for electric current and enhanced Gov...

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