Transfer of property act & westbengal tenancy act 1957
Querist :
Anonymous
(Querist) 10 November 2010
This query is : Resolved
We have a tenant from the year 1974 in respeact of area 5110 sft In kolkata, West Bengal. The rent at inception was Re 1/- per sft i.e.the monthly rental was Rs. 5110/- In 1991 we mutually decided to increase the total rent to Rs. 11,000/- by incorporating additional Rs. 5890/- as service charges. Since then the tenant has been paying us Rs. 11,000/-. per month. The West Bengal Premises Tenancy Act 1997 (ammended 2002) set an outer limit of Rs. 10,000/- for rent for including a tenant under West Bengal Premises Tenancy Act 1997 or Transfer of Property Act. My clarification are as follows:
1. Under which of the abovementioned two Acts does the tenant come under.
2. Assuming the tenant comes under Transfer of property Act:
i) can we make him liable to pay fair rental. Market rentals have become as high as 100/- per sft in the area. What is the legal procedure for getting the order of fair rent revision under TP Act.
ii) Can we file an ejectment suit under TP Act against the tenant by giving him 15 days notice without giving any reasonable grounds
Devajyoti Barman
(Expert) 10 November 2010
1.The West Bengal Tenancy Act 1997 as it is amended in the year 2002 has made the person who gives rent more than Rs 15000/- not equal to tenant and he is governed by Transfer of Property Act.SO in your case he is still the tenant under the Rent Act.
2. There is no provision for determining fair rent in the Transfer of Property Act. But under the West Bengal Tenancy Act you can file petition for determination of the Fair Rent. The location of the tenanted property would determine the jurisdiction of the court and the Rent Controller as well as there are two Rent Controllers in Kolkata and 3 courts having such jurisdiction.
Querist :
Anonymous
(Querist) 11 November 2010
I checked the Act after reading your post. The outer limit is Rs, 10,000/- for non-residential purpose, not 15,000/- as mentioned by you.
If the the tenant is governed by TP Act how can I claim fair rent?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 November 2010
No you can not increase rent and for service charges you have to register your self for service tax.
Arun Kumar Bhagat
(Expert) 21 November 2010
When did you increase the rent to Rs.11,000/- after 1997 ? then you have to wait for further 10 years by then ceiling of higher rate shall be enhanced.
Querist :
Anonymous
(Querist) 21 November 2010
Mr. Bhaagat, we increased the rent to 11,000/- in 1991.
