2019 AIR CC 991 (CAL) ::(2019) 2 Cal LJ 232 ::(2019) 1 Cal HN 348 ::(2019) 1 CalLT 305 ::(2019) 1 ICC 881 ::(2019) 1 RenCR 113 ::(2019) 1 RentLR 281

Calcutta High Court

Hon'ble Judge(s): Sanjib Banerjee, Suvra Ghosh , JJ

(A) West Bengal Premises Tenancy Act (37 of 1997) , S.2(g) Second Proviso, S.6— Protection against eviction - Entitlement - If original tenant dies after commencement of Act, his spouse is not entitled to protection from eviction in respect of premises let out for non-residential purpose beyond period of five years after date of death of original tenant - Eviction of tenant, proper. (Para 23) (B) West Bengal Premises Tenancy Act (37 of 1997) , S.2(g) Second Proviso, S.6— Protection against eviction - Right to execute fresh agreement - After obtaining decree of eviction if landlord chooses to let out decreetal premise, spouse of earlier deceased tenant enjoying limited protection cannot have right to execute fresh agreement in her favour on payment of fair rent. (Para 21 22 23) (C) West Bengal Premises Tenancy Act (37 of 1997) , S.6— Suit for eviction - Non-service of quit notice prior to institution of suit - Effect - Non- service of quit notice prior to institution of suit is not a pre-condition to challenge maintainability of suit when heir of original tenant is in continuation of demised non-residential premises after five years followi....