https://www.taxtmi.com/caselaws?id=279790 In a Section 16(3) proceeding under the West Bengal Premises Tenancy Act, 1956, when sub-tenancies are upgraded the original tenancy is treated as split into separate tenancies for the retained portion and the upgraded sub-tenancies. The Controller must fix rent for each new tenancy by applying the reasonableness criteria in the main part of Section 8(1)(e)-including situation, locality, condition, amenities and comparable rents. The proviso to Section 8(1)(e) does not apply, because there is no existing statutory rent for the newly created premises and the original contractual rent cannot be treated as the rent of the reduced tenancy. The court upheld this approach and rejected apportionment of the original fair rent. en-us Tue, 17 Apr 1962 00:00:00 +0530 Fri, 05 Apr 2019 11:08:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279790 In a Section 16(3) proceeding under the West Bengal Premises Tenancy Act, 1956, when sub-tenancies are upgraded the original tenancy is treated as split into separate tenancies for the retained portion and the upgraded sub-tenancies. The Controller must fix rent for each new tenancy by applying the reasonableness criteria in the main part of Section 8(1)(e)-including situation, locality, condition, amenities and comparable rents. The proviso to Section 8(1)(e) does not apply, because there is no existing statutory rent for the newly created premises and the original contractual rent cannot be treated as the rent of the reduced tenancy. The court upheld this approach and rejected apportionment of the original fair rent. Case-Laws Indian Laws Tue, 17 Apr 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279790