(1) The rcnr pnynblc by a lenan t in respect ol' my nun-ugricullural h h v c - land shall, excepr in [hc cast whcrc such land is held on a fixcd rcnl or lree of reni eilher undcr a conlraot or under a decrec or ordcr passed by a compclcnl Cuurt or nuilinrity, bc linblc lo cnhancement as provided by [his Act, and not othcrwisc.
(2) n l c renr payablc by a rcnant nlay be enhanccd up lo such limii as thc Cour~ rhiriks fair and rqui1able in the circums~anccs of h c cast:
Provided rliat rhc rcnl shall not be enhanccd so as LO cxceed [lie renl previously payablc by thc tenant by marc lhan lwclvc and a half per cetlIllllr.
(3) In dctcrmining a fair and cqui~ablr mnl under sub-section (2), r l~e Courl shall, subject LO such furthcr provisions as may be prescribed i n Illis bchall', lake inlo considerarion-
(a) thc cxisting rent and the period during which it has rcrnined wilhoul cnhancemenl;
(b) as far as can cxpedienlly be asccr~ained, the rent paid lo other landlords for non-agricultural lands in he vicinity wirh si~nilnr advnntslgcs or of a sirnilar dcscrip~ion;
Rorisions as to cn1i.m~~- inenl on p u n d of landlord's i~npmvcmcnl.
Power 10 ordcr pmp L E 1 1 ' C cnlunce- Iiwnl.
Ttre West Betrgal Noti-Agrictrlrtrral Tenarrcy Acr, f 949.
(Cl~apter Ill.-Tetla~~rs.-Sec~iorrs 12- 14.)
[West Ben. Act
(c) the market value of [he non-agriculmral land and the rent which would bc payable if thc ratc wcre fixed at not morc than rour per cetllrrlll of such market valuc;
(d) thc spccial conditions and incidents, if any, of ~ h c tcnancy;
and
(e) any c o s ~ incurrcd in making any improvcmcnt to or on the non-agricultural land or in converting such land for thc purpose for which it is being used according to the condilions of the rcnancy.
12. ( L ) When an enhancemen[ is claimed on the ground of a landlord's improvement,-
(a) [he Courr shall not grant an enhancement unless the imprclvcment has been registered in accordance with the provisions of this Act; and
(6) i n derermining [he arnounr of enhancement h e Court shall have rcgard lo,-
(i) rhc incrcasc in thc valuc or thc non-agricultural land caused or Iikcly 10 bc caused by the irnprovcmcnr,
(ii) thc cost of thc improvcmcn~,
(iii) thc cxpcndirurc (ir any), rcquircd for utilising rhc improvcmcnt, and
(iv) [he exisung renl and h e abiIily of [he non-agricullural land lo bear a higher rent.
(2) A decree under his seclion shall, on [he applicalion of the tenant, bc subjccl to reconsideration in the event of [he improvement not producing or ceasing to produce the esdmaled effect.
13. If il lhinks [hat an immcdiatc incrcase ofrcnl will cause hardship, the Court may direct that the enhancement shall take effect gradually at such intervals and by such increments exlending over a period not cxcecding iivc y c m as thc Court may fix in this behal F.