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Issues:
1. Appealability of the decision rejecting the tenant's application under Section 6, West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act, 1950. 2. Interpretation of the legal right in dispute and the appealability of the decision under the Code of Civil Procedure. 3. Application of the Judicial Committee's decision on the definition of a decree and its impact on the present case. 4. Examination of whether the decision of the learned Munsif constituted a decree under the Code of Civil Procedure. Analysis: The judgment of the High Court of Calcutta dealt with the issue of appealability of a decision rejecting a tenant's application under Section 6 of the West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act, 1950. The Court considered the argument that an appeal lay under the law from the learned Munsif's decision, challenging the maintainability of the present application for revision. The Court acknowledged the absence of a specific provision in the Rent Control Act authorizing an appeal from a decision under Section 6 of the Amending Act. It emphasized that appeal is a creature of statute and analyzed the general law of appeals in relation to civil Court decisions under the Code of Civil Procedure. The Court delved into the historical perspective of judicial opinions regarding the definition of a decree and the appealability of decisions involving the re-opening, rescinding, or varying of decrees. It highlighted a significant decision by the Judicial Committee that clarified the concept of a decree and its appealability. The Court emphasized that a decision rejecting an application could amount to a formal expression of adjudication within the meaning of a decree under the Code, thus making it open to appeal. Furthermore, the Court discussed the relevance of Section 33 of the Code of Civil Procedure and how the decision of the Judicial Committee aligned with the principles of decrees and orders under the Code. It emphasized the binding nature of decisions by the Judicial Committee until ruled otherwise by the Supreme Court. The Court also referred to previous decisions by the Calcutta High Court that applied similar principles in cases under specific statutes. Ultimately, the Court concluded that the decision of the learned Munsif constituted a decree under the Code of Civil Procedure and was thus appealable. It cited recent decisions of the Court that supported this interpretation and upheld the preliminary objection regarding the maintainability of the revision application. The Court discharged the Rule on the ground of appealability and clarified that the parties would bear their own costs in the matter.
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