BULAKI DAS Vs. BANSIDHAR PARWAL

JUDGEMENT

(1.) THIS appeal, which has been filed against the order of the learned Single Judge dated 11. 10. 2006, is barred by limitation.

(2.) IN view of the reasons stated in the application for condonation of delay, we are satisfied that the appellant was prevented by sufficient cause from filing this appeal within limitation and, therefore, we condone the delay of 26 days.

(3.) PROVISIONS of Section 6 appears to have been engrafted in the Act of 2001 by the Legislature with a view to ensuring increase in the premises let out to the tenant for a long period of time. While clause (a) of sub-Section (1) of Section 6 of the Act of 2001 provides for increase of rent @ 5% per annum for the premises let out prior to 1st January, 1950 by providing that such premises shall be deemed to have been let out on rent payable on 1st January, 1950 which shall form the basis for increase of rent. In the cases where premises were let out on or after 1st January, 1950, covered under clause (b) of sub-Section (1) of Section 6 of the Act of 2001, however, the rent would be similarly increased @ 5% per annum from the date of commencement of tenancy. Amount so increased shall be merged in such rent at the end of every ten years. Section 6 starts with a non-obstante clause and provides that "notwithstanding anything contained in any agreement, where the premises have been let out before the commencement of this Act, the rent thereof shall be liable to be revised according to the formula indicated" in clause (a) & (b) of Section 6 (1) supra. It is in this context that provisions of Section 6 are required to be interpreted keeping in view the fact that the Legislature has given over-riding effect to Section 6 over any agreement which may be to the contrary and has emphasized on the point of time when the premises were let out initially. For the premises let out prior to 1st January, 1950, that date has been taken as the due date of commencement of the tenancy and the formula of increase @ 5% per annum shall have to be applied on the basis of rent payable on that date. However, for the premises which have been let out on any date subsequent thereto, that date has to be taken as the date of commencement of the tenancy and the rent payable on that date is required to be increased @ 5% per annum. The amount thus increased upto the date of commencement of the Act is further required to be increased @ 5% per annum in the similar fashion.