Fair rent restriction
Querist :
Anonymous
(Querist) 04 July 2022
This query is : Resolved
The West Bengal Premises Tenancy Act, 1997
13. Rent in excess of fair rent not chargeable. - (1) (a) No tenant shall, notwithstanding any agreement to the contrary, be liable to pay to the landlord for the occupation of any premises any amount in excess of fair rent of the premises, unless such amount is lawful increase of the fair rent in accordance with the provision of this Act.
(b) Subject to the provisions of clause (a), any agreement for payment of rent in excess of fair rent shall be construed as an agreement for the payment of fair rent only.
kindly explain this two clauses. in clause a it is written that no tenant shall be liable to pay rent excess of fair rent, but in clause b it is reversed by payment of rent in excess of fair rent shall be construed as an agreement for the payment of fair rent only.
i am a law student. please clarify my doubt.
Querist :
Anonymous
(Querist) 04 July 2022
I have no tutor sir.kindly be my tutor for this post. I will grateful if you solve my query.
Dr J C Vashista
(Expert) 05 July 2022
Rent Control is a State subject.
It would be better to seek guidance of your coach / professor, if there is no "tutor", this site is meant for needy litigants.
