Fixed AC Charges Form Part of Rent; Premises Tenancy Act Not Applicable: Calcutta HC

Celica Developers (P) Limited Vs Wadhwana (Calcutta High Court) Calcutta High Court held that fixed monthly AC charges is an essential component of “rent” thus rent goes beyond the ceiling limit and thus is excluded from the purview of the West Bengal Premises Tenancy Act, 1997. Hence, appellant is entitled to a decree of eviction. Facts- The appellant, claiming the respondent to be a lessee under the Transfer of Property Act, filed Title Suit No. 554 of 2008, for eviction of the respondent on the basis of a notice under Section 106 of the Transfer of Property Act, 1882. On the other hand...