AIR 1980 CALCUTTA 108 ::(1980) 1 Cal HN 29 ::1980 (1) RentLR 305 ::(1980) 1 CalLJ 36

Calcutta High Court

Hon'ble Judge(s): G. N. Roy , J

West Bengal Premises Tenancy Act (12 of 1956) , S.8, S.17(3)— Statutory tenant and contractual tenant - Distinction - Application for determination of fair rent by tenant after determination of tenancy and striking of his defence - Not maintainable. A statutory tenant continuing in possession after the determination of the contractual tenancy has a statutory protection against eviction from the premises in question until a decree for recovery of possession is passed by the competent court of law on fulfilling certain terms and conditions specified in the Act. Such statutory tenant does not enjoy the same position as that of a contractual tenant. The Legislature did not intend that the statutory tenant will be treated at par with a contractual tenant under the West Bengal Premises Tenancy Act. Accordingly, after the determination of tenancy, the statutory tenant cannot make an application under S.8 of the W.B. Premises Tenancy Act for determination of fair rent by the Rent Controller. Further where the defence of the tenant against delivery of possession has been struck @page-Cal109 down by the Court under Sec. 17(3) of the W.B. Premises Tenancy Act in the Title Suit by landlord even assuming that a statutory tenant enjoying all the privileges of a tenant can maintain an application for fair rent after determination of contractua....