Statutory fair rent regime prevails over private rent-fixation agreements; inconsistent tenancy contracts are not specifically enforceable.

Where a rent control statute prescribes an exclusive mechanism for fixation and enhancement of fair rent, parties cannot contract out of that regime. Under the West Bengal Premises Tenancy Act, 1956, fair rent is to be determined through the statutory procedure in Sections 8 to 12, and a private agreement referring valuation and rent fixation to Government valuers and making their determination binding is inconsistent with that scheme. An agreement repugnant to the statute, especially one reflecting public policy and tenant protection, is not specifically enforceable by a civil court.

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Issues: Whether an agreement between landlord and tenant to refer fixation of valuation and fair rent to Government valuers and to make the result binding could be specifically enforced when the tenancy was governed by the West Bengal Premises Tenancy Act, 1956.

Analysis: The statutory scheme of the West Bengal Premises Tenancy Act, 1956 regulates fixation and enhancement of fair rent through the mechanism provided in Sections 8 to 12. A private arrangement that substitutes a different mode of fixation of rent, including reference to third-party valuers, cannot override the statutory procedure where the legislation is founded on public policy and is intended to protect tenants. An agreement inconsistent with the statutory mode of determination is therefore not enforceable by a civil court.

Conclusion: The agreement could not be specifically enforced and the decree based on it was unsustainable; the appeal succeeded in favour of the appellant.

Ratio Decidendi: Where a rent control statute prescribes an exclusive mode for fixation or enhancement of rent, parties cannot contract out of that statutory regime, and any agreement repugnant to it is not specifically enforceable.

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