https://www.taxtmi.com/caselaws?id=198154 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. en-us Fri, 01 Apr 2005 00:00:00 +0530 Wed, 24 Jan 2018 11:49:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198154 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. Case-Laws Indian Laws Fri, 01 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198154