Section 9(1) in Assam Non-Agricultural Urban Areas Tenancy Act, 1955
(1)A landlord or a tenant may make an application to the competent Civil Court having jurisdiction to entertain a suit for ejectment in respect of the holding, for fixing a fair and equitable rate of rent for the holding, and thereupon the Court shall issue notice of such application upon the tenant or the landlord, as the case may be, and after considering such evidence as the parties may produce before it, pass an order fixing the amount of rent payable for the holding, and such order shall, subject to appeal, be binding on both the landlord and the tenant with effect from the date of filing the aforesaid application :Provided always-(a)that the rent previously payable for the holding shall not be enhanced by more than three annas in the rupee, but if at any time ' the land revenue due to Government or the ground rent due to a proprietor is increased, then the tenant shall be liable to pay in addition to the enhanced rent, if any, an amount equal to the total amount of land revenue or ground rent paid by the landlord in excess of the amount paid previously ;(b)that no enhancement shall be made within a period of six years from the date of the last enhancement by contract or by order of the Court, unless the land revenue or ground rent is enhanced during this period ;(c)that the Court may in any case refuse to grant an enhancement for sufficient reasons to be recorded by it.
