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Rahul (Director)     11 November 2010

Fair rent under (Unregistered lease)

We have a tenant (non-residetial purpose)  from the year 1974 in respeact of area 5110 sft In kolkata, West Bengal. The rent at inception was Re 1/- per sft i.e.the monthly rental was Rs. 5110/- In 1991 we mutually decided to increase the total rent to Rs. 11,000/- by incorporating additional Rs. 5890/- as service charges. Since then the tenant has been paying us Rs. 11,000/-. per month. The West Bengal Premises Tenancy Act 1997 (ammended 2002) set an outer limit of Rs. 10,000/- for rent for including a tenant under West Bengal Premises Tenancy Act 1997. My clarifications are as follows:

1. Under which of the abovementioned two Acts does the tenant come under.

2. Assuming the tenant comes under Transfer of property Act:

i) can we make him liable to pay fair rental. Market rentals have become as high as 100/- per sft in the area. What is the legal procedure for getting the order of fair rent revision under TP Act.

ii) Can we file an ejectment suit under TP Act against the tenant by giving him 15 days notice without giving any reasonable grounds



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 6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 November 2010

Even your curren raise is illegal and if you say service chareges you will face defficulties for sevice tax.

Rahul (Director)     11 November 2010

Please exxplain Why the current raise is illegal. We are registered with service tax authorities and are raising serrvice tax on the bill on the tenant. There are  several judgement whereby 'service charges' have been deemed to an integral part of rent. So service charges is actually another form of rent.

 

I have re-worded by case below. Please explain your stand : 

 

'X' is a monthly tenant from the year 1974 in respect of 5110 sft non-residential premises in kolkata, West Bengal. The rent at the commencement of the tenancy was Re 1/- per sft ,i.e., the monthly rental was Rs. 5110/-.  In 1991 'X' and the landlord mutually decided to increase the total rent to Rs. 11,000/- , i.e., by additional payment Rs. 5890/- nomenclatured as 'service charges'. Since then the 'X' has been paying Rs. 11,000/- per month. The Rent Control Act in West Bengal underwent changes in 1997. West bengal Tenancy Act 1956 was repealed and the the new Act, West Bengal Premises Tenancy Act 1997(ammenreded 2002) was enacted. The new Act set an outer limit (for rent) of Rs. 10,000/- for including a tenant under West Bengal Premises Tenancy Act 1997. My clarification are as follows:

1. Under which Act does the tenant presently come under? West Bengal Premises Tenancy Act 1997 or Transfer of Property Act or any other Act?

2. Assuming the tenant comes under Transfer of property Act:

i) Can he be made liable to pay fair rental in the Courts. Market rentals have become as high as 100/- per sft in the building in which the tenant is situated. Is there any provision for fair rent revision under TP Act? What is the legal procedure for rent enhancement. Is a valuation report of an Court registered valuer required to be submited before the Court.

ii) Can the lanlord file an ejectment suit under TP Act against the tenant by giving him 15 days notice without having any reasonable grounds?

 

 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 November 2010

No


(Guest)

Mr. Rahul your query is an anomoly between acts.  The special act preveils over the General act.  So the WBPTA 1997 will preveil. 

So my advices   in the city limits the WBPTA will apply.  In other rural areas the suit for arears or rent, ejectment of tenant will lie before the civil courts.

As per the Govt Approved valuer the rent of the building can be fixed

The suit for eviction can be filed by giving proper notice u/s 106 of T.PAct

if it is in city limits file a  rent control original pettiion before the rent controller

Rahul (Director)     11 November 2010

Mr. Ganesan, please explain why you say that the case cited by me is an anomaly between the Acts. Since WBPTA stes an outer limit of Rs. 10,000/- , shouldn't the tenancy be governed by the TP Act. This decision is crucial for the case because if it lies under WBPTA, only then fair rent will be determined by the Rent Controller and the Rent Controller will fix the fair rent as per guidelines of the Act . But if the tenancy is beyond the purview of the WBPTA, I want to know whether we can claim current market rents. I would like to clarify that mine is a month to month tenancy, not a registered lease.

NITIN KUMAR JAIN   01 December 2018

Your case will be governed by the Trasfer of Property Act. Issue a notice under section 106 and then file and evicion suit befor the Hon'ble Calcutta High Court.


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