REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2763 OF 2010

[Arising out of SLP (C) No. 15983 of 2008]

Pallawi Resources Ltd.

……. Appellant

Versus

Protos Engineering Company Pvt. Ltd.

...... Respondent

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

1

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 commerc