DIPALI RANI SWARNAKAR Vs. MD YEASIN

JUDGEMENT

(1.) Challenge is to the order dated November 17, 2006 as modified by the order dated December 21, 2006 passed by the learned Additional Rent Controller, Barasat, District North 24 Parganas in R.C. Fair Case No.8 of 2004/97.

(2.) The short fact is that the opposite party herein filed an application under Section 17(4B) read with Section 5(7) and 5(8) of the West Bengal Premises Tenancy Act, 1997 for determination of the fair rent of the premises in the application as described therein. The petitioner herein was paying regular rent to the opposite party and the rent was increased from Rs.71/- to Rs.80/-, then to Rs.100/- and lastly to Rs.125/- per month. On two occasions earlier in 1998 and 2003, the petitioner had to file two applications under Section 21 of the West Bengal Premises Tenancy Act, 1997 to deposit rents before the rent controller since the opposite party refused to accept the same. The said applications were allowed in both the occasions and as such, the petitioner has been depositing the rent with the Rent Controller at the rate of Rs.125/- per month. Suddenly in 2004, the opposite party filed an application before the learned Additional Rent Controller under the said Sections for fixation of fair rent along with other charges and that application was allowed by the impugned orders. Being aggrieved, this application has been preferred.

(3.) Now, the point for decision is whether the impugned order should be sustained.