Agricultural land let as such falls outside "premises" definition, defeating a standard rent application under rent control law.

Land let while still used for agricultural purposes did not qualify as "premises" under the Bombay Rents, Hotel and Lodging Houses Rates, Control Act, 1947, because section 5(8) includes land only when it is not being used for agriculture. The relevant date for this classification is the date of letting, not the later date when non-agricultural permission is obtained or when standard rent is claimed. As the plot was leased as agricultural land, an application to fix standard rent under section 11 was not maintainable.

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Issues: Whether land let on a lease while it was still assessed and used for agricultural purposes could be treated as "premises" under the Bombay Rents, Hotel and Lodging Houses Rates, Control Act, 1947 for the purpose of an application to fix standard rent under section 11.

Analysis: Part II of the Act applies only to premises in the areas specified in Schedule I, and section 5(8) defines "premises" to include land only when it is not being used for agricultural purposes. The relevant point of time for deciding whether the land answers that description is the date of letting, not the later date on which permission for non-agricultural use is obtained or the application for standard rent is filed. Since the plot was let when it was still agricultural land, it did not fall within the statutory definition of "premises" for the purpose of section 6(1) and section 11.

Conclusion: The application for fixation of standard rent was not maintainable and the appeal failed.

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