IMPORTANT POINT
A successor of a deceased tenant has no tenancy rights if the original tenant's death is not communicated, leading to eviction under the West Bengal Premises Tenancy Act.

JUDGMENT :

Krishna Rao, J.

1. The plaintiffs have filed the present suit for a decree for eviction and recovery of khas possession of the suit property, mesne profit of Rs.18,40,000/-, further mesne profit till the delivery of possession and interest.

2. The plaintiffs have filed the present application for Judgment upon admission against the defendant for eviction and recovery of khas possession of the suit property.

3. The plaintiffs are the joint and absolute owners of the Premises No. 318, Chittaranjan Avenue, Kolkata – 700006, being a ground plus five storied building.

4. The one Bimla Devi Tandon, was the tenant of the plaintiffs, in respect of a flat comprising of four rooms with verandah admeasuring an area of about 600 sq.ft. situated on the fifth floor of the said premises and the last agreed rent which was being paid by the defendant was Rs.2,590/-inclusive of Municipal Property Tax and maintenance charges payable according to English Calendar month. The said tenancy was governed under the provisions of the West Bengal Premises Tenancy Act, 1997.

5. The rent was being tendered in respect of the suit property and monthly receipts were duly being obtained in the name of the tenant, i.e. Bimla Devi Tandon. The last receipt of rent for the said property was on 17th August, 2021, for the month of July, 2021.

6. In the month of September, 2021, the plaintiffs came to know that the original tenant, namely, Mrs. Bimla Devi Tandon, has died long back in the year 2015, leaving behind her son, namely, Ashok Kumar Tandon as her only legal heir and representative and the husband of Bimla Devi Tandon has also expired.

7. Since the death of original tenant i.e. Bimla Devi Tandon, her son Ashok Kumar Tandon and his wife were ordinarily residing in the said tenanted premises. Ashok Kumar Tandon, has also died in the year of 2020 and left behind his widow, the defendant herein.

8. The plaintiffs have sent a notice to the defendant, on 24th March, 2022, by its Learned Advocate and called upon the defendant to hand over peaceful and vacant possession of the suit property within 15 days from the date of receipt of the notice. The defendant had duly received the said notice on 26th March, 2022 but inspite of receipt of such notice, the defendant has not vacated the premises.

9. The plaintiffs say that the death of Bimla Devi Tandon and her son Ashok Kumar Tandon were deliberately supressed and concealed by the defendant and the defendant is in wrongful occupation of the property as trespasser and has no right over the suit property.

10. The plaintiffs submit that after receipt of notice, the defendant has filed a suit before the Learned City Civil Court at Calcutta, being Title Suit No. 1352 of 2022 against the plaintiffs praying for a decree of declaration, declaring the defendant as rightful tenant over the suit property and allied prayers.

11. The plaintiffs submit that by filing the title suit, the defendant has made certain clear, unequivocal and unambiguous admission in the said plaint, which reads as follows :

(a) The defendant is still in possession of the suit property.

(b) Original and only tenant of the suit premises was the present defendant’s mother-in-law, and the rent receipt is in her name.

(c) Rent receipt was never in name of the defendant’s husband’s name.

(d) Rent receipt was never in the defendant’s name.

(e) Such original tenant being the mother-in-law died in 2005.

(f) Original tenant’s son used to stay in the suit property till 2018.

(g) The original tenant’s son died in 2018.

12. Plaintiffs say that from the above admissions of the defendant in the suit filed before the Learned City Civil Court, it can easily be construed that the defendant in the present suit acknowledges and admits that the original tenant in respect of the suit property was Bimla Devi Tandon and after her death in the year 2005, her son Ashok Kumar Tandon also died on 2018 and the defendant is in illegal occupation of the suit property.

13. Mr. Rupak Ghosh, Learne