The legal point established is that legal heirs of a deceased tenant lose their right over the property after a specified period as per the West Bengal Premises Tenancy Act, 1997.

JUDGMENT

Krishna Rao, J. - The plaintiff has filed the instant suit praying for a decree for eviction and recovery of khas possession of the suit property, decree for Rs. 11,50,000/- as damage and mesne profits at the rate of Rs. 10,000/- per diem from 03.02.2021 till 07.02.2021 for further mesne profits at the rate of Rs. 10,000/- per diem until the suit property is not handed over to the plaintiff.

2. The facts of the case is that the plaintiff along with her husband Late Gobinda Prasad Dey have purchased a flat comprising of two rooms, one, kitchen covered marble floored verandah together with attached bath room with privy and one small room having a total area of about 1050 sq. ft. situated on the first floor of Municipal Premises No. 103B, Bidhan Sarani, P.S. Shyampukur, Kolkata - 700 004 by way of registered deed.

3. On 05.06.2008, the husband of the plaintiff died leaving behind the plaintiff as his only legal heir and accordingly by way of inheritance, the plaintiff has inherited the share of the property left behind by her husband and the plaintiff has become sole and absolute owner of the entire property.

4. One Nirmal Kumar Dey, who was the father of the defendants, was the tenant under the plaintiff in respect of the suit property at a monthly rent of Rs. 1300/- per month. The said Nirmal Kumar Dey died on 30.05.2015 leaving behind the defendants as his legal heirs. The wife of Nirmal Kumar Dey predeceased him.

5. The defendants being the legal heirs of the Nirmal Kumar Dey were living with their father upto till the date of his death and after the death of their father, they were continued under occupation of the said premises. On expiry of the period of 5 years from the date of death of Nirmal Kumar Dey, the defendants have no right over the suit property on and from 01.06.2020 and as such the plaintiff has never accepted any amount on account of occupational charges or otherwise from the defendants.

6. On 13.01.2021, the plaintiff being the landlady had issued notice to the defendants calling upon the defendant to handover the vacant and peaceful possession of the suit property but the defendants have refused to accept the notice and also failed to vacate the suit property.

7. The writ of summons were served upon the defendants but have not entered appearance in the suit and accordingly vide Order dt. 08.12.2021, the suit was placed under the heading of 'Undefended Suit'.

8. The plaintiff had examined herself on 20.06.2022 before this Court and during her examination the following documents were exhibited:-

'1. Certified copy of the Deed being Serial No. 819 dt. 16.02.2022 vide BK No. 1, Vol. No. 140, Pages to Being No. 5940 of 1993 - Exhibit 1.

2. Certified copy of the Deed being Serial No. 821 dt.16.02.2022, BK No. , Vol. No. 140 Pages to Being No. 5941 of 1993 - Exhibit 2.

3. Copy of the Death Certificate of Gobinda Prasad Deydt.05.06.2008 - Exhibit 3.

4. Rent Receipt issued to Nirmal Kumar Dey for the month of March, 2015 dt.12.03.2015 for an amount of Rs. 1300/- Exhibit 4.

5. Copy of Death Registration Details dt.30.05.2015 - Exhibit 5.

6. Copy of the legal notice sent to the defendants by the plaintiff through the Ld. Advocate dt. 13.01.2020 along with Speed Post Receipts and the Original Speed Post Letter returned with the endorsement refused - Exhibit 6 collectively.'

9. The plaintiff during her evidence has categorically stated that the plaintiff and her husband have jointly purchased the property by way of Registered Deed and after the death of her husband, the property has been inherited by the plaintiff. It is also proved that the father of the defendants was the tenant and during the lifetime of the father, the defendants were residing along with their father. After the death of the father, the defendants have neither paid the rent nor have vacated the premises. The plaintiff had sent a notice to the defendants but the defendants have refused to accept the notice and as such the refusal of notice amounts to accept