AIR 2010 SUPREME COURT 1969 ::2010 AIR SCW 3317 ::(2010) 1 WLC(SC)CVL 612 ::(2010) 1 All RentCas 874 ::2010 (5) SCC 196 ::(2010) 3 Scale 356 ::(2010) 80 All LR 700 ::(2010) 3 ICC 176 ::(2010) 1 RenCR 318 ::(2010) 1 RentLR 385 ::(2010) 3 Cal HN 47

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): V. S. Sirpurkar, Mukundakam Sharma , JJ

West Bengal Premises Tenancy Act (37 of 1997) , S.17(4A)— Fixation of fair rent - Increase in rent u/S.17(4-A) on fulfilling conditions therein is not automatic - Application must be made to Rent Controller for fixation of fair rent by party. The fair rent in respect of a tenancy which subsists for 20 years or more in respect of the premises constructed in or before the year 1984 and used for commercial purpose is required to be determined by the Rent Controller and the same would not stand automatically determined under sub-section (4A) of Section 17 read with Section 20 of the West Bengal Premises Tenancy Act, 1997. All the sub-sections included in Section 17 are independent provisions laying down different criteria on the fulfillment of which an application could be filed before the Rent Controller praying for increasing the fair rent. In other words, Section 17 lays down different types of causes of action as to when such an increase could be sought for. Sub-section (1) of Section 17 makes it crystal clear that on the happening and fulfillment of the criteria laid down in each of the cause of action, an application would be required to be filed before the Rent Controller who would then determine as to what would be the fair rent. Although, it could only be a case of mathematical calculation yet an order in that regard is to be passed by the Rent Controll....