EIH LIMITED v. NADIA A VIRJI

3. Now so far as reliance being placed upon Section 18 of the Act 1997 and the submission that under Section 18 of the Act 1997 the rent shall be automatically increased by revision of 5% every three years and therefore by giving the increase by revision of 5% every three years, the rent payable would be more than rupees ten thousand per month is concerned, the aforesaid contention has no substance. Section 18 of the Act 1997 shall be applicable in a case where the fair rent is determined and fixed by the Controller under Section 17 of the Act 1997. That is not the case here. Therefore, Section 18 of the Act 1997 is not applicable at all to the facts and circumstances of the case. In view of the above discussion and for the reasons stated above and as the monthly rent due and payable would be Rs. 10,000/- per month which cannot be said to be more than ten thousand rupees as monthly rent, the High Court has rightly observed and held that the Act 1997 shall be applicable and therefore the civil suit filed by invoking Section 106 of the TP Act is impliedly barred. Therefore, the High Court has rightly rejected the plaint in exercise of powers under Order 7 Rule 11 CPC. No interference of this Court is called for. Accordingly, the present appeals stand dismissed. [Paras 10 & 11][1026-A-D] A B C D E F G H 1014 SUPREME COURT REPORTS [2022] 6 S.C.R. A B C D E F G H Popat and Kotecha Property v. Ashim Kumar Dey (2018) 9 SCC 149 : [2018] 9 SCR 518 – held inapplicable.