I am a tenant of a commercial space on Bentinck Street, Calcutta, since August 1987. I am paying Rs 256 as commercial surcharge along with the monthly rent of Rs 1,280. Now my landlord has filed a petition to the court of the rent controller of Calcutta for a hike in rent under section 17, sub-section 4A & 5(7) of the West Bengal Premises Tenancy Act, 1997. I have an agreement with the landlord for increasing the rent by 10 per cent every five years. Am I legally bound to pay Rs 5,510 as demanded now? Please advise.

P.K. Bagaria,
862, Jessore Road,
Calcutta 700055

If you have a written agreement, which is registered, then you may refer the same before the controller drawing his attention to section 3(C) of the Act. Section 17, sub-section 4(A) is applicable where a tenancy subsists for 20 years or more in regard to premises constructed in or before 1984. However, your tenancy is less than 20 years old. In you case, sub-section 4(B) is applicable. Section 5(7) states that 10 per cent of the fair rent has to paid for maintenance amenities. The controller will calculate the maximum amount of fair rent accordingly.