M.H.S. Ansari, J. - (1.) - Petitioner is the owner and lessor of the premises No. 319/4, Jessore Road, Calcutta. Annexure 'A' is an agreement dated January 11, 1978 executed between the petitioner therein called the landlord of the one part and the respondent National Textile Corporation therein called the tenant of the other part. The rent stipulated was Rs. 375/- per month. Sub Clause (d) of Clause 4, which is relevant for the purpose of enquiry on hand, reads as under:- "(d) That there will be negotiations for further increase of rent at a reasonable rate on the basis of the market trend initially after 3 years and thereafter every five years."
(2.) Petitioner demanded enhancement of rent in terms of the aforesaid Clause 4 (d) on the expiry of three years period by a letter dated January 16, 1981. After several representations made by the petitioner in that behalf, the Ministry of commerce finally referred the matter for fixation of fair rent to the Additional District Magistrate, 24-Paraganas, North.
(3.) By a certificate dated July 17, 1982, the Additional District Magistrate entrusted the aforesaid work of fixing fair rent to the Special Land Acquisition officer who thereupon issued a fair rent certificate dated July 17, 1982 fixing the rent at the rate of Rs. 412.50 p. per month.;