(1) Thc lair rent may be rcviscd only ir therc has been an RcvisionoF increasc or decrease in rhe markct value OF the nremises. lair rcnr.
The West Ber~gaI Preaises Tenatlcy Act, 1956.
[West Ben. Act
(2) Such revision shdl be made on applicalion made to thc Coflvollcr cifhcr by [he landlord or by he tenant, in [he prescribed manncr:
Provided hat no such application shall bc entertained until ailer the expiry of a period of fivc years from rhc datc on which renl was lasl fixed or from the commcnccmcnt of rhjs Act. as he case may be:
Provided furlher thar rn respec[ of any prcrniscs which havc been consuvcted alter thc comrncnccmcnt of this Act Ihc rent shall no[ be revised un t i1 nlrcr thc expiry oicighi ycars from the date of comniencement of [his Act; and whcn is rcviscd after such period [he revised rent shall not be lcss Ihan thc renl as calcula~ed in accordance with [he provisions of clause (d) of sub-seclion (I) of section 8.
(3) Thc rcnt of hc premiws payable for a year shall not be increzcd or decreased by revision by more than 2; per cent, per annum or the difference between thc market value of the premises on the datc of rhc applicalion under sub-section (2) and thc datc of he Iast fixation or ~ h c rent or the cornmencemcnl of this ACI, iu thc casc may bc.
\xihen lair 12. When in Fixing the fair rent or any incrcnsc of rent under rc'''fixcd section 9 or revising thc fair rcnl undcr seclion 11, rhe rent which was rhe Conuvllcr bcing paid a1 thc time of h e applicarion israks erfcct.
(a) dccrcascd by the Conkoller, thc rent so fixed shall be payabIe from the monlh of lenancy next after the date of applicnuon and h e excess amount paid, if any, shall bc rccovcr~blc under the order oflhe Controller by inslalmcnts or ohcnvisc;
(b) increased by h e Conlroller, Ihe rent so fixed shall be payable from [he monlh of tenancy nexl afrer the dale of the applicar ion and the addilional amount payable on account of the incrcasc up to and including the month of the lenancy immcdiatcly preceding thc month in which thc order for incrcasc is passed shall be recoverable by h e Iandlord by such instalmenls or otherwise as rhe Conuoller may order:
Provided \ha[-
(i) so much or rhc incrcasc as is rcferred lo in cIause (a) of scclion 9 shdI be payable from [he month oftenancy in whkh the increase in h e municipal rates and [axes came inlo force,
(ii) so much of he increase as is referred to in clause (b) of the said section shall be payable from [he month of lenancy next after tha~ in which the improvement or structural aheralion was campleted.
The \Vest Be~rgal Prerlrises Te~ra~lcy Act, 1956.
CHAPTER LII.
Suits and proceedings for eviction.