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Issues: (i) Whether premises let with special services and amenities such as electric power, fittings and other facilities fell within the scope of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950; (ii) Whether, for fixation of standard rent, clause (g) of section 9 applied so as to permit determination of a fair and reasonable rent taking into account all components of the consolidated rent, including enhanced charges for electricity, duty and amenities.
Issue (i): Whether premises let with special services and amenities such as electric power, fittings and other facilities fell within the scope of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.
Analysis: The definition of "premises" in section 2(8) was held to be wide enough to cover tenancies of this character. The statute was intended to control rents of premises broadly, and the inclusion of furniture and fittings showed that the legislature contemplated varied forms of letting. The supply of amenities did not take the tenancy outside the Act merely because the rent was consolidated and included charges for services and facilities.
Conclusion: The premises remained within the ambit of the Act, and the landlord's first contention failed.
Issue (ii): Whether, for fixation of standard rent, clause (g) of section 9 applied so as to permit determination of a fair and reasonable rent taking into account all components of the consolidated rent, including enhanced charges for electricity, duty and amenities.
Analysis: The specific clauses in section 9 did not fully cover the circumstances of the tenancies, but the residuary clause (g) authorised fixation of rent where no other provision applied. Since the agreed rent represented a composite sum for the flat and the amenities, the standard rent had to be determined on a fair and reasonable basis by considering the entire contractual rent structure, including the enhanced costs of services and electricity. The appellate authority's approach accorded with that scheme.
Conclusion: Clause (g) applied, and standard rent was to be fixed on a fair and reasonable basis including the full composite rent elements.
Final Conclusion: The appeals succeeded only to the extent of restoring the appellate authority's fixation of rent, while leaving the Act applicable to the tenancies in question. The High Court and Rent Controller orders were set aside, and the appellate authority's orders were restored.
Ratio Decidendi: A tenancy governed by a rent-control statute is not excluded because the agreed rent includes charges for amenities and services; where the specific rent-fixation clauses do not fully apply, the residuary clause empowering fixation of a fair and reasonable rent may be used to determine the standard rent on the basis of the entire composite rent.
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