- (1.) Since an identical question is raised in all these seven writ petitions, this Court feels that all these seven writ petitions should be heard analogously. Accordingly, all these seven writ petitions are heard analogously and these writ petitions are disposed of by a common order passed hereunder. Re: W.P.L.R.T 273 of 2013 Govind Prasad Kothary versus The State of West Bengal & Ors. The petitioner is a monthly tenant under the private respondents in respect of a flat measuring carpet area of 1050 sq. ft. more or less on the southern side of the 3rd floor of premises No. 9, Jeliapara First Bye Lane, Salkia, Howrah. Admittedly the petitioner was inducted in the said flat as a tenant thereof in the year 1988 at a monthly rental of Rs. 701/- excluding electric charges. Subsequently the rent was enhanced to Rs. 848/- per month.
(2.) After the West Bengal Premises Tenancy Act, 1997 came into operation, the private respondents (Landlords) submitted an application under section 17 of the said Act before the Rent Controller seeking assessment of fair rent of the said flat.
(3.) Though the private respondents (landlords) claimed in their application that the value of the land over which the building was erected in the year 1988 was Rs. 400/- per sq. ft, and the actual cost of construct on was Rs. 225/- per sq. ft. in the year 1988, but in course of trial of the said proceeding, no material could be produced by them to substantiate their contention before the Rent Controller.;