A.K. Sen Gupta, J. - (1.) The short question which calls for determination in this interlocutory application is that whether the Court can fix the rent of the premises which is governed by the provisions of West Bengal Premises Tenancy Act, 1956. Shortly stated the facts are that Martin Burn Limited instituted a suit against the Steel Authority of India Limited (hereinbefore referred to as the "SAIL") praying for a decree for adjudication, determination and settlement of the monthly amount for occupation of the fourth and fifth floor of the premises no. 1, R. N. Mukerjee Road, Calcutta from February, 21, 1937 till August 20, 1989, interest and cost.
(2.) The case of the plaintiff is that by a registered deed of lease dated August 16, 1974 demised in favour of one Shresth Agencies Private Ltd. the entire 3rd, 4th and 5th floors of the said premises for a period of 5 years commencing from 21st August, 1974 with option for renewal for three successive terms of 5 years each provided the notice of intention to obtain such renewal was given three months before the expiration of the said lease and also three months before the expiration of each of the first two renewed periods. Under the said Deed of Lease Shresth Agencies Private Ltd. was given the right to create sub -lease.
(3.) The Shresth Agencies Private Ltd. before the expiry of the first period of 5 years gave notice of its intention to exercise option for renewal in terms of the said lease for further period of 5 years and, accordingly, the said Deed of Lease stood extended and/or renewed till August 20, 1984.;