West Bengal Premises Tenancy Act, 1997

Nasima Naqi, the wife of a deceased tenant, continued to occupy a shop premises let for non‑residential purposes since 1988. After the tenant's death in 2002, the landlord sued for eviction alleging default in rent and that the statutory five‑year protection for heirs under the West Bengal Premises Tenancy Act, 1997 ha…

The appellant leased premises for twenty years (1969‑1989) and, after the lease expired, served a notice under Section 20 of the West Bengal Premises Tenancy Act, 1997 seeking to increase the rent. The appellant argued that, because the tenancy had lasted twenty years, the premises were built before 1984 and were used …

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…

The landlords filed an eviction suit against Octavious Tea & Industries Ltd for non-payment of rent. The tenant filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997. The trial court allowed the Section 7(1) application but directed the tenant to deposit arrears with the Civil Ju…

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…

Apollo Zipper India Ltd., which became the absolute owner of a commercial premises after a series of statutory transfers, served a quit notice under Section 106 of the Transfer of Property Act to its tenant, W. Newman & Co. Ltd., demanding arrears and vacant possession. The tenant sought leave to defend the summary evi…

The respondent, a tenant, stopped paying rent in February 2005 and was served a notice to vacate in October 2013, after which the landlord filed an eviction suit. The tenant filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, but the trial court rejected it because it was fi…

The appellant, PNB Housing Finance Ltd., took symbolic and later physical possession of a premises that had been offered as security for a loan to the borrower (2nd Respondent) after the borrower defaulted. The 1st Respondent claimed to be a tenant of the premises since 1987 under an unregistered lease and sought resto…

The tenant (appellant) occupied a flat in Kolkata and was served a summons for eviction on 29 September 2022. He filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, together with a Section 5 Limitation Act application, 17 days after the statutory 30‑day period for depositing r…

The landlord filed an eviction suit under the West Bengal Premises Tenancy Act, 1997, alleging that the tenant defaulted on his share of municipal taxes assessed under the Kolkata Municipal Corporation Act, 1980. The tenancy agreement of 1991 had incorporated municipal taxes into rent, but the 2001 amendment to the 199…

The appellants, landlords, leased a shop to the respondents under a notarized tenancy agreement that contained an arbitration clause. When the respondents failed to vacate after a termination notice, the landlords filed a suit for eviction, arrears of rent, municipal taxes, mesne profits and injunction before the Civil…

The plaintiff, the owner of a premises, sued the defendant, the son of the original tenant, for recovery of possession. In his written statement the defendant unequivocally admitted that his father was the sole tenant and that the plaintiff was the owner, and that rent had been paid till May 2021. Relying on these admi…

The landlord (EIH Ltd.) and tenant (Nadia A. Virji) entered into a tenancy agreement for a commercial showroom with a fixed rent of Rs 10,000 per month, while the tenant also agreed to pay municipal taxes separately. The landlord terminated the tenancy under Section 106 of the Transfer of Property Act and filed an evic…