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If the court finds no justification, the court can reject the appeal filed by the appellant against a decree for eviction under the West Bengal Premises Tenancy Act 1997- Supreme Court
In this case of Nasima Naqi Versus Todi Tea Company Ltd and Ors, an appeal was filed by the appellants in the Supreme Court of India challenging the decision judgment delivered by a Division Bench of the High Court of Calcutta, rejecting the appeal filed by the appellant against a decree for eviction under the West Bengal Premises Tenancy Act 1997 . In this case The spouse of the appellant was inducted as a tenant of shop 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
Further high court laid two points for the determination and held that The spouse of a deceased tenant is not entitled to protection from eviction in respect of premises let out for non-residential purpose beyond the period of five years from the date of death of the original tenant if such original tenant died after the coming into force of the Act of 1997. The spouse of a deceased original tenant does not have any right to have a fresh agreement executed in such spouse's favour in respect of any premises let out for non-residential purpose if the decree-holder landlord wishes to let out the premises afresh upon obtaining the decree or possession of the premises pursuant to the decree.” Finding no merit in the appeal, the High Court affirmed the judgment of the Trial Court.
Then the Appeal was filed in the supreme court, the court after hearing the case held that “Insofar as the present case is concerned, the appellant has continued to occupy the premises for a period in excess of seventeen years after the death of the tenant. Learned counsel for the landlord stated before this Court that the landlord does not intend, in any case, to execute any fresh tenancy. Having due regard to the judgment of the Trial Court which has been affirmed by the High Court, we see no reason to entertain the appeal insofar as the decree for eviction is concerned. However, we grant time to the appellant to vacate the premises until 30 June 2020 subject to the filing of the usual undertaking in the Registry of this Court within a period of four weeks from today failing which the decree shall become executable forthwith. A copy of this judgment shall be forwarded to the Chief Secretary of the State of West Bengal. The appeal is accordingly disposed of. There shall be no order as to costs.”
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