Debangsu Basak, J. - (1.) THE revisional applications were directed to be heard along with C.S. No. 601 of 1989.
(2.) THE revisional applications are directed against the judgment and order dated August 5, 2003 passed by the learned Chief Judge of the Small Causes Court at Kolkata. By the impugned order the Court below dismissed an appeal filed by the petitioner herein under the provisions of the West Bengal Premises Tenancy Act, 1956. The petitioner before me is the landlord of the opposite party. The opposite party along with others are tenants of a market in Kolkata popularly known as the Air -Conditioned Market. The Air -Conditioned Market is let out to various tenants. The opposite party and 46 others approached the Rent Controller under Section 8(1)(d) read with Sections 10 and 12 of the West Bengal Premises Tenancy Act, 1956 for fixation of fair rent. The Rent Controller considered such applications and passed a common judgment and order. The Rent Controller fixed fair rent in respect of the tenancies. Being aggrieved, the petitioner preferred an appeal before the Chief Judge, Small Causes Court at Kolkata. Such appeal was dismissed by the judgment and order impugned.
(3.) MR . Surajit Nath Mitra, learned Senior Advocate for the petitioner contends that, the opposite party applied under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956. According to him Section 8(1)(d) has no manner of application. The tenants enjoy air -conditioning at the respective tenancies. Air -conditioning charges are payable by such tenants. Air -conditioning charges are not part of rent. Air -conditioning is an amenity. Section 8(1)(d) does not contemplate amenity. Amenities are to be considered under Section 8(1)(e). He submits that, Section 8(1)(e) of the West Bengal Premises Tenancy Act, 1956 is attracted and not 8(1)(d). He contrasts the provisions between Sections 8(1)(d) and 8(1)(e) and submits that, the two provisions are mutually exclusive and that, the two cannot be applied simultaneously. He submits that, the application before the Rent Controller was not maintainable as air -conditioning charges are amenities and cannot be considered in an application under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956.;