Thika tenancy shop owner

neeraj044737490 (Querist) 25 April 2013 This query is : Resolved
sir i have a thika tenency shop approx 450 sq.ft. now i am getting 1200 rent per month. Am i able to increase the rent to market rate applicable to this location and how it will possible. Please Guide me and upto how many times the rent will increase...
we are taking this rent from 1990

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Advocate M.Bhadra (Expert) 25 April 2013
You have no legal right to increase the rent or sublet the shop,please note an information;--

The Supreme Court has questioned a major land reform law, the West Bengal Thika Tenancy Act. The court asked the West Bengal Government to file a counter affidavit while hearing a batch of petitions challenging the constitutional validity of the law under which thika land gets vested in the state. The dispute arose from the fact that the state through the law has assumed the position of the owner of thika lands. As per the law a thika tenant is a person who occupies a piece of land for residential, manufacturing or business purposes. His successors automatically qualify as tenants. The petitioners have requested the apex court to declare the law null and void and ultra vires of the Constitution for affecting the fundamental rights. They have sought another order not to give effect to the provisions of the law. The petitioners have questioned the Sections 2(6), 2(7) and 2(14) of the act, which classify different sets of lands, owners and thika tenants. Under Section 2(6) even a well constructed on land comes under the purview the act. Plots under a corporation or a charitable or religious institution too come under thika land under Section 2(7). Section 2(14) defines thika tenant as a person who occupies whether under a written lease or other wise land under another person and is liable to pay rent at a monthly or any other periodical rate for the land. The petitioner argued that this clause takes away their right over property they own. The act gives retrospective effect to all thika tenancy cases and empowers the state to collect rent from tenants.