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1988 Supreme(Cal) 422

Anandamoy Bhattacharjee, A.K.Nayak
Mahindra And Mahindra Ltd. – Appellant
Versus
Kohinoor Debi – Respondent


Advocates:
Advocate Appeared:
Alok Banerjee, Amitava Chaudhary, B.C.Dutt, Bhaskar Ghosh, Shaktinath Mukherjee, Sudhangsu Sil

JUDGMENT

1. SECTION 3 of the West Bengal Premises Tenancy Act, 1956, as it stood before the Amendment of 1965, rendered the provisions of the Act inapplicable to any premises held under a lease for more than 20 years whether the purpose of the lease was residential or non-residential. By the Amendment Act of 1965, this section 3 has been retained and renumbered a sub-section (1) of section 3, but a new sub-section (2) has been added to deal specifically with lease entered into after the commencement of the Ordinance on an from 24/8/1965, which preceded the Amendment Act of 1965, rendering section 3 (1) inapplicable to all leases entered into after that date. Sub-section (2), so inserted, now provides that all leases entered into after 24//65 would not be exempted from, but would be governed by, the provisions of the west Bengal Premises Tenancy Act of 1956 except a lease for "a period of not less than 20 years" provided the same is "not expressed to be terminable before its expiration at the option either of the landlord or of the tenant", in which case such as lease would be governed only by the provisions relating to rents and the provisions of sections 31 and 36 of the West Benga


















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