Ajit Kumar Sengupta, J.

1. The short question which calls for determination in this interlocutory application is that whether the Court can fix the rent of the premises which is governed by the provisions of West Bengal Premise Tenancy Act, 1956.

2. Shortly stated the facts are that Martin Burn Limited instituted a suit against the Steel Authority of India Limited (hereinafter referred to as the SAIL) praying for a decree for adjudication determination and settlement of the monthly amount for occupation of the fourth and fifth floor of the premises No.1, R.N. Mukherjee Road, Calcutta from 21.2.1987 till 20.8.1989, interest and cost.

3. The case of the plaintiff is that by a registered deed of lease dated 16.8.1974 demised in favour of one Shresth Agencies Private Limited the entire 3rd, 4th and 5th floors of the said premises for a period or 5 years commencing from 21.8.1974 with option for renewal for three successive terms of 5 years each provided the notice of intention to obtain such renewal was given three months before the expiration of the said lease and also three months before the expiration of each of the first two renewed periods. Under the said Deed of Lease, Shr