Section 11 in The West Bengal Non-Agricultural Tenancy Act, 1949
11. Enhancement of rent. -
(1)The rent payable by a tenant in respect of any non-agricultural land shall, except in the case where such land is held on a fixed rent or free of rent either under a contract or under a decree or order passed by a competent Court or authority, be liable to enhancement as provided by this Act, and not otherwise.(2)The rent payable by a tenant may be enhanced up to such limit as the Court thinks fair and equitable in the circumstances of the case :Provided that the rent shall not be enhanced so as to exceed the rent previously payable by the tenant by more than twelve and a half per centum.(3)In determining a fair and equitable rent under sub-section (2), the Court shall, subject to such further provisions as may be prescribed in this behalf, take into consideration-(a)the existing rent and the period during which it has remained without enhancement;(b)as far as can expediently be ascertained, the rent paid to other landlords for non-agricultural lands in the vicinity with similar advantages or of a similar description;(c)the market value of the non-agricultural land and the rent which would be payable if the rate were fixed at not more than four per centum of such market-value;(d)the special conditions and incidents, if any, of the tenancy; and(e)any cost incurred in making any improvement to or on the non-agricultural land or in converting such land for the purpose for which it is being used according to the conditions of the tenancy.
