Section 12 in The West Bengal Non-Agricultural Tenancy Act, 1949
12. Provisions as to enhancement on ground of landlords improvement. -
(1)When an enhancement is claimed on the ground of a landlords improvement,-(a)the Court shall not grant an enhancement unless the improvement has been registered in accordance with the provisions of this Act; and(b)in determining the amount of enhancement the Court shall have regard to,-(i)the increase in the value of the non-agricultural land caused or likely to be caused by the improvement,(ii)the cost of the improvement,(iii)the expenditure (if any), required for utilising the improvement, and(iv)the existing rent and the ability of the non-agricultural land to bear a higher rent.(2)A decree under this section shall, on the application of the tenant, be subject to reconsideration in the event of the improvement not producing or ceasing to produce the estimated effect.
