ASHA DEVI MASKARA Vs. JATINDRA NATH DAS

JUDGEMENT

(1.) THIS revisional application is directed against the order dated July 23, 2007 passed by the Rent Controller, Bidhannagar, North 24-Parganas in R.C. No.25 of 2006 thereby deciding the fair rent in respect of a premises finally.

(2.) SINCE, two revisional applications, i.e. the present one and the C.O. No.162 of 2010 have arisen out of the same order dated July 23, 2007 and since, the C.O. No.162 of 2010 has already been disposed of on August 12, 2011, the decision of C.O. No.162 of 2010 will also govern the present civil revision. For convenience, the order passed by this Bench on August 12, 2011 in C.O. No.162 of 2010 is reproduced below:- C.O. No.162 of 2010:-

(3.) MR. Hiranmoy Bhattacharyya appearing on behalf of the petitioner has contended that the fair rent cannot be increased to such an extent arbitrarily. There is a term for enhancement of rent in the agreement entered into between the parties and so, the fair rent is to be determined according to the terms of the agreement. Thus, he submits that the fair rent as determined by the Rent Controller is not permissible and it should be set aside. MR. Tapas Kumar Chatterjee appearing on behalf of the opposite party supports the impugned order contending that in spite of the agreement, fair rent can be determined as per provisions of the 1997 Act.