SARAF INVESTMENT PVT. LTD. Vs. AJAY KUMAR RATHOD

JUDGEMENT

(1.) Under assail in this writ petition is the judgment and/or order dated August 23, 2024, passed by the Learned Tribunal in the Original Application (in short, OA) No. 1866 of 2014 (LRTT). By the aforesaid order, the Learned Tribunal dismissed the OA, thereby upholding the decision of the Rent Controller, which had determined the fair rent in relation to the subject premises in accordance with Sec. 17 (4A) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the Act of 1997).

(2.) Before delving into the contentious matter at hand, it would be apt to first address the material facts, as set forth in the writ petition, which are reproduced below for clarity:

(3.) Mr. Goswami, learned advocate appearing in support of the writ petition, meticulously referred to the facts and events related to the tenancy, outlining them date-wise and year-wise in great detail. He invited our attention to the judgment and decree passed in the suit and the order of withdrawal of the appeal, and argued that the decree of the learned City Civil Court, which attained finality following the withdrawal of the appeal, declared the petitioner to be a lawful tenant of the premises and that the letter dated November 22, 2002, is illegal. He contended that since the letter dated November 22, 2002, formed the basis for the proceeding before the Rent Controller, and it has been declared illegal, the Rent case initiated based on that letter is also flawed.