Dear Experts your help is desparately needed regarding the following information.
As per the West Bengal Tenancy Act, there is a big difference in the Fair Rent when Tenancy is over 20 years compared to that when it is below 20 years. Now, if it is 18 years since the start of tenancy and if a suit of eviction is started now against a tenant wherein the court will ask for Fair Rent to be calculated for past arrears then is it better to wait for until 20 years is over, before starting the suit? Or will the Fair Rent be automatically be as per the enhanced calculations when 20 years is over either by itself or on reapplication by the landlord? I did not find anything regarding this in the Act. Only thing it says is that once Fair Rent has been calculated, it will automatically increase by a certain small percentage every so many years.
Also will this date of tenancy for Fair Rent calculation be as per date of institution of eviction suit or as per the date when judge will order the Fair Rent to be calculated? If the latter is true can I then ask the judge to defer this date until when 20 years will be over?
