AIR 2005 (NOC) 138 (CAL) ::2004 A I H C 4275 ::(2004) 3 CalLT 431 ::(2004) 3 ICC 385 ::(2005) 1 RenCR 90 ::(2004) 2 RentLR 125 ::(2005) 1 RenCJ 224

Calcutta High Court

Hon'ble Judge(s): Amitava Lala , J

(A) West Bengal Premises Tenancy Act (12 of 1956) , S.13(6)— Suit for ejection - Service of notice on one of the heirs of deceased tenant - Is sufficient. The proof of service of notice of eviction on one of the heirs is sufficient to maintain the suit for eviction against the other heirs of deceased tenant, but notice of eviction must be addressed in the name of other heirs though service of notices upon all the heirs need not be proved. (B) West Bengal Premises Tenancy Act (12 of 1956) , S.13— Transfer of Property Act (4 of 1882) , S.114-A, S. 106— - Periodic tenancy - Is not a lease - Hence, forfeiture cla-use under S. 114-A, T.P. Act for non-payment of rent - Does not apply. Periodic tenancy either under S. 13 of the West Bengal Premises Tenancy Act or under S. 106 of the Transfer of Property Act cannot come under the definition clause of lease under S. 105 of the T.P. Act. Hence, forfeiture clause under S. 114-A of T.P. Act for non-payment of rent does not apply, to such tenancy. .....