Spouse of a deceased tenant lacks lifetime eviction protection under the West Bengal Premises Tenancy Act for non-residential premises, revealing a legislative omission requiring amendment for equitable tenancy rights.

JUDGMENT :

Dr Dhananjaya Y Chandrachud, J.

Leave granted

2. This appeal arises from the judgment delivered by a Division Bench of the High Court of Calcutta on 19 December 2018 rejecting the appeal filed by the appellant against a decree for eviction under the West Bengal Premises Tenancy Act 1997[“the Act’].

3. The spouse of the appellant was inducted as a tenant of shop Room No 23 situated on the ground floor of the premises situated at 2 Lane Bazar Street Calcutta-700001 on a monthly rent of Rs 235.95 under an agreement dated 6 May 1988. An interest free deposit of Rs 12,000 was paid by the original tenant at the time of being inducted into the premises. The tenant died in July 2002 and was survived by the appellant and two sons. The landlord instituted a suit for eviction in 2010. The landlord alleged that after the coming into force of the amended provisions of the Act with effect from 10 July 2001, the tenant was liable to pay enhanced rent in terms of the proviso contained in Section 17 (4B) which he had failed to pay. The landlord claimed to have addressed a demand on 13 December 2002 which was not complied with. The landlord claimed that, in any event, after the expiry of five years from the date of death of the original tenant, his heirs had no right to continue in possession of the premises. The landlord addressed a notice to the heirs of the original tenant on 30 July 2010 and eventually filed a suit for eviction on 4 August 2017. The Judge in the 7th Bench of the City Civil Court, Calcutta passed a decree for eviction on the ground of default in the payment of rent. The learned trial Judge also directed the defendants to pay arrears quantified at Rs 27,887.10. Aggrieved by the decree for eviction, an appeal was instituted before the High Court. The High Court noted that the principal ground of challenge was that a spouse of a deceased tenant is entitled to life time protection from eviction in respect of premises let out for non-residential purposes under Section 2 (g) of the Act.

4. The High Court framed the following two points for determination:

“i. Whether the spouse of a deceased original tenant is entitled to life-time protection from eviction in respect of premises let out for non-residential purpose; and

ii. If the answer to the first legal issue is against the spouse, whether such spouse has a right to have a fresh agreement executed in such spouse's favour, on condition of payment of fair rent, in respect of the premises let out for non-residential purpose”

5. The premises were let out for non-residential purposes within the meaning of Section 3 (f) of the Act. The premises lie within the limits of the Calcutta Municipal Corporation and the monthly rent was not more than Rs 10,000. The issue which arose for consideration was whether the appellant could be regarded as a tenant or whether as a spouse of the deceased tenant, the appellant was entitled to be included within the extended meaning of the expression “tenant” in Section 2 (g).

6. Section 2 (g) provides as follows:

"2. Definitions. - (g) "tenant" means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes any person continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act, whichever is later, his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependant on him and who do