SAMIR KUMAR ADDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The late father of the petitioners herein, Sudhir Kumar Addy, who was the owner of the Premises No. 97/1B, Hazra Road, Calcutta - 700 026, inducted Union of India (Forest Survey of India, Eastern Zone) (Forest Department in short) as tenant of the 2nd Floor of the said premises with effect from 1st November, 1973 at a rental of Rs. 3,178.56 paisa payable monthly according to English Calendar. At the time of commencement of the said tenancy, the said rent was arrived at on the basis of 0.88 paisa per square feet for the total tenanted area of 3612 square feet.

(2.) The terms and conditions of the above tenancy were recorded in a memorandum by the parties, namely the said Sudhir Kumar Addy on one hand (the then owner of the tenanted premises) and the representatives of the respondents herein. A copy of the said memorandum is annexed to the writ petition Marked as 'P-1.

(3.) After commencement of the said tenancy or rather after expiry of about 10 years from the commencement of the said tenancy, the late father of the petitioners (in short Sudhir Kumar) addressed a letter to the Joint Director, Forest Survey of India, Eastern Zone, who, I find, had his office at the said tenanted premises, requesting him to enhance the monthly rent of the said tenanted premises from "Rs.3,178.56 paisa to Rs.6,500/- per month on and from the month of January, 1984". The reasons for such request for enhancement of rent was that the rate of monthly rent of tenanted premises in general in West Bengal had gone up by "leaps and bounds specially in the town of Calcutta" and that "cost of living" also had gone up substantially than what it was in the year 1973 when the said tenancy, in fact, commenced.