The withdrawal of the right to inherit tenancy under subsequent legislation and the discretionary power of the court under Order XII Rule 6 of the Code.

JUDGMENT

Biswajit Basu, J. - This is the plaintiff's second appeal against the appellate decree. The plaintiff had filed an ejectment suit in the 3rd Court of learned Civil Judge(Junior Division) at Sealdah being Ejectment Suit no. 15 of 2014 seeking inter alia, the following reliefs:-

'a. Leave under Order II Rule 2 of the Code of Civil Procedure:

b. Decree of declaration that the defendants and none of them have any manner of right or entitlement to occupy any portion of the said entire premises described in Schedule 'A' hereunder;

c. Decree of eviction of the defendants from the erstwhile tenancy held by late Jyotindra Nath Das described in Schedule 'B' hereunder including all persons claiming through, by or under the defendants and obtaining vacate and khas possession thereof '

2. The plaint case of the said suit, in short is thus, the father of the defendants Jyotindra Nath Das was the original tenant of the suit property, on his death the said tenancy devolved upon his widow Laxmipriya Das who also died in December, 2012 and on her death the said tenancy was extinguished since the other heirs of the said original tenant are not coming within the definition of tenant under Section 2(g) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act of 1997'). The defendants are therefore, possessing the suit property as trespassers. The plaintiff, through its learned advocate served notice dated January 21, 2013 asking the defendants to quit and vacate the suit property but they failed to comply with it, hence the suit.

3. The defendants to contest the said suit filed written statement wherein they stated, inter alia, that their father, the original tenant died on October 31, 1985, leaving behind his widow and the defendants i.e. his sons and daughter and after the death of their mother, the widow of the original tenant on December 19, 2012, the defendants are holding the tenancy on payment of regular rent.

4. The plaintiff in the suit filed an application under Order XII Rule 6 of the Code of Civil Procedure contending, inter alia, that the period of five years after the death of the original tenant has elapsed and on the death of the widow of the said original tenant, the tenancy of the said original tenant has extinguished, the defendants since are not coming within the definition of the tenant under Section 2(g) of the said Act of 1997, they have no right to occupy the suit property and accordingly prayed for a decree on admission. The defendants contested the said application with a written objection wherein they have alleged that their father, the original tenant was inducted into the suit property by the predecessor-in-interest of the plaintiff and upon his death on October 31, 1985, the said tenancy, by operation of the provision of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as 'the said Act of 1956 in short) was inherited by his heirs, i.e. his widow, sons and daughter as joint tenants in respect of the suit property.

5. The learned Trial Judge allowed the said application under Order XII Rule 6 of the Code thereby decreed the said suit on admission holding that the father of the defendants, the original tenant admittedly died on October 31, 1985, and on expiry of the five years' period from the said date, his sons and daughters, the defendants of the said suit, in terms of Section 2(g) of the said Act of 1997 are not entitled to enjoy the said tenancy, more so, on the death of their mother, the widow of the original tenant on December 19, 2012, the said tenancy has extinguished.

6. The defendants assailed the said judgment and decree of the learned Trial Judge in appeal being Title Appeal No. 06 of 2017. The appeal Court below, by the impugned judgement and decree allowed the said appeal thereby reversed the judgment and decree of the learned Trial Judge holding that the original tenant since had died long before the commencement of the said Act of 1997, the said tenancy w