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Legislation

West Bengal Premises Tenancy Act, 1956

11 Supreme Court judgments cite this Act.

PURUSHOTTAM DAS BANGUR & ORS.versusDAYANAND GUPTA

2012 INSC 50031 October 2012Appeal(s) allowed

The landlords, trustees of a trust, sued the tenant for eviction under Section 13(1)(b) of the West Bengal Premises Tenancy Act, 1956, alleging that the tenant had erected a permanent structure without the landlord's consent by replacing a tin‑sheet roof with a concrete slab and constructing a brick passage. The trial

MRITUNJOY SETT (D) BY LRS.versusJADUNATH BASAK (D) BY LRS

2011 INSC 33426 April 2011Appeal(s) allowed

The landlord served a notice on the tenant on 28‑08‑1991, seeking vacancy of two rooms by the end of October 1991, claiming the tenancy was governed by the English calendar. The tenant contested, arguing that the tenancy followed the Bengali calendar and that the notice therefore failed to give a clear one‑month period

FLORA ELIAS NAHOUM & ORS.versusIDRISH ALI LASKAR

2018 INSC 5525 January 2018Appeal(s) allowed

The landlords (appellants) owned a shop in Calcutta and leased it to the respondent, who later changed the business and allegedly sub‑let the premises to a third person without consent. The eviction suit was filed under the West Bengal Premises Tenancy Act, 1956 on four grounds, including sub‑letting and unauthorized c

BHAGIRATH AGARWALversusM/S. SIMPLEX CONCRETE & PILES (I) PVT. LTD. & ORS.

2017 INSC 18823 March 2017Disposed off

The landlord (appellant) sought interest on arrears of rent after the City Civil Court ordered the tenant (respondent) to pay the arrears in ten monthly installments but denied interest. The High Court upheld that order. The Supreme Court examined whether Section 17(2A) of the West Bengal Premises Tenancy Act, 1956, ob

BIJAY KUMAR SINGH & OTHERSversusAMIT KUMAR CHAMARIYA & ANR.

2019 INSC 118122 October 2019Dismissed

The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court allowed the applications

RAJESH MITRA @ RAJESH KUMAR MITRA & ANR.versusKARNANI PROPERTIES LTD.

2024 INSC 71920 September 2024Appeal(s) allowed

The appellants, children of a tenant who died in 1970, claimed that they inherited tenancy rights under the West Bengal Premises Tenancy Act, 1956, which were later purportedly extinguished by the 1997 Act. The landlord sought eviction, relying on a deposition in an unrelated case as an admission that the tenancy was i

RAMDAS BANSAL (D)versusKHARAG SINGH BAID & ORS.

2012 INSC 4419 January 2012Dismissed

The appellant, Ramdas Bansal, held a 21‑year lease of a building (Grace Cinema Hall) on premises in Kolkata and, after the lease expired, the respondents filed a suit for vacant possession and rectification of the lease description. Bansal sought to introduce documents alleging that the respondents were "Thika" tenants

RAJU JHURANIversusM/S GERMINDA PVT. LTD.

2012 INSC 33516 August 2012Case Partly allowed

The landlord, Raju Jhurni, obtained an eviction decree against the tenant company under the West Bengal Premises Tenancy Act, 1956, but the decree did not determine the arrears of rent. He then filed a winding‑up petition before the Company Court under Sections 433, 434 and 439 of the Companies Act, 1956, seeking recov

ANAMIKA ROYversusJATINDRA CHOWRASIYA AND OTHERS

2013 INSC 3279 May 2013Appeal(s) allowed

The appellant-landlady, Anamika Roy, filed a suit under the West Bengal Premises Tenancy Act, 1956 seeking eviction of the tenant, Jatindra Chowrasiya, on the ground of bona‑fide personal requirement of the entire ground‑floor flat. Both the trial court and the first appellate court decreed eviction of the whole premis

INDIAN OIL CORPORATION LTD.versusSUDERA REALTY PRIVATE LIMITED

2022 INSC 9286 September 2022Dismissed

The Supreme Court examined a dispute between Indian Oil Corporation Ltd. (appellant) and Sudera Realty Private Ltd. (respondent) over a lease of three floors in a Kolkata building. It held that the 1968 agreement and the 1969 supplementary deed constituted a valid 21‑year lease, with possession of the 2nd and 3rd floor

HARBANSLAL MALHOTRA & SONS PVT. LTD.versusKOLKATA MUNICIPAL CORPN. & ANR.

2017 INSC 8545 September 2017Appeal(s) allowed

Harbanslal Malhotra & Sons Pvt Ltd owned a two‑storey building with appurtenant land and was assessed for municipal tax under the Calcutta Municipal Corporation Act, 1980. The Assessing Officer fixed the annual valuation at Rs 59,400 for AY 1988‑89 and Rs 4,25,600 for AY 1994‑95. The Municipal Assessment Tribunal uphel

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