JUDGMENT :

The Court: An interesting point is raised in the instant appeal relating to the definition of a “rent” which has not been defined in the Act itself. The undisputed facts unfurled from the record is that a suit for recovery of possession under the Transfer of Property Act was filed after the expiry of period provided for in the notice under Section 106 of the said Act. It is also not in dispute that at one point of time, the tenancy was protected under the West Bengal Premises Tenancy Act, 1956 as it does not make any distinction on the score of the quantum of rent but after the promulgation of West Bengal Premises Tenancy Act of 1997, the tenancy which fetches a rent above the cap mentioned therein may not come within the peripheral of the West Bengal Premises Tenancy Act, 1997. Section 3 of the Act of 1997 containing an exemption clause whereunder certain premises are excluded from the purview of the West Bengal Premises Tenancy Act, 1997. Such distinction can be seen from the aforesaid provision that if any premises is let out for non-residential purpose carrying more than Rs.10,000/- as monthly rent in respect of the premises included within the limits of the Kolkata M