Law: East Bengal Premises Rent Control Act, 1953

Section: 29(1),29(5),1

Law: Civil Procedure Code (V of 1908)

Section: 7(1)

  (a) East Bengal Premises Rent Control Act, 1953,   Ss. 29 (1) & 29 (5)- Order rejecting review under S. 29 (5)----Not appeal able-Order passed in appeal wrongly entertained against such order-Without jurisdiction and nullity in eye of law-East Bengal Premises Rent Control Rules, r. .1,1-Civil Procedure Code (v of 1908), O. XLVII, r. 7 (1).   Qazi Altaf Hussain v. Mst. Matia Begum and another P L D 1960 Dacca 449 rel.   (b) Jurisdiction---   Existence and exercise of-Distinction.     JUDGMENT   These two appeals have been heard analogously and are being disposed of by this judgment.   The appeal No. 331 of 1960 arises out of a Money Suit No. being 45 of 1947. The Appeal No. 332 of 1960 arises out of a Title Suit No. being 32 of 1948.   The appellants in both the appeals are Messrs Yad Mahboob & Company. They were the defendants in Money Suit No. 45 of 1957 and plaintiffs in Title Suit No. 32 of 1958. The money suit was instituted on the 8th November 1957 and the title suit on the 10th February 1958.   The Money Suit No. 45 of 1957 was instituted by the plaintiff Deedar Box who is the respondent before me. Deedar Box instituted the money suit for realisation of a sum of Rs. 1,140 as rent for the premises let out to the appellant. In a proceeding before the Rent Controller. The rent for B block (one of the two blocks) which constitute the premises in question was settled at Rs. 100 Deedar Box thereafter filed a petition for reviewing the said order. That review petition was rejected. He then preferred an appeal to the District Judge challenging the rejection of the review petition.   The learned Additional District Judge, Dacca allowed the appeal by an order made on 9-3-57 and set aside the order of the House Rent Controller and assessed the rent for B block at Rs. 120 per men sem. The appellant Yad Mahboob & Company did not move the High Court against this judgment and decree of the learned Additional District Judge made on 9-3-57. Deedar Box, therefore, calculated the rate of the rent of the premises at what was finally settled by the learned Additional District Judge and instituted the…