JUDGMENT

Dr. Mukundakam Sharma, J.

1. Leave Granted.

2. This appeal by special leave is directed against the judgment and order dated 26.03.2008 passed by the Calcutta High Court under its ordinary original civil jurisdiction whereby the High Court dismissed the application G.A. No. 800 of 2008 in C.S. No. 14 of 2008 moved by the appellant herein under Chapter XIIIA of the Rules on the Original Side Rules of the Calcutta High Court for a summary judgment.

3. The issue and the controversy that falls for consideration in the present appeal deals with the interpretation of the provisions of sub-section 4A of Section 17 of the West Bengal Premises Tenancy Act, 1997. The question that arises for our consideration is whether the fair rent in respect of a tenancy which subsists for 20 years or more in respect of the premises constructed in or before the year 1984 and used for commercial purpose is required to be determined by the Rent Controller or whether the same would stand automatically determined under sub- section 4A of Section 17 read with Section 20 of the West Bengal Premises Tenancy Act, 1997.

4. At this juncture, it will be pertinent to set out a brief statement of facts in the ba