Sanjib Banerjee, J. - (1.) One of the judgment-debtors who has suffered an eviction decree in respect of premises let out for non-residential purpose is in appeal, primarily on the ground that as the spouse of the deceased original tenant she is entitled to protection under the West Bengal Premises Tenancy Act, 1997 and no decree for eviction could have been passed against her otherwise than in accordance with Section 6 of the said Act.
(2.) The facts are more or less admitted and are reflected in the judgment and order impugned dated August 4, 2017 passed by the VII Bench, City Civil Court at Calcutta. One Mohammad Naqi was inducted as a tenant in respect of shoproom No.23 on the ground floor of premises No.2 Lalbazar Street, Kolkata-700001 at a monthly rent of Rs.235.95/- payable according to the English calendar and subject to the terms and conditions as contained in an agreement dated May 6, 1988 with the landlord. An interest-free deposit of Rs.12,000/- was made by the original tenant at the time being inducted into the commercial premises. In July, 2003 the original tenant died leaving behind the appellant, his widow, and the defendant nos. 1 and 2 sons as his only heirs. In the suit filed in the year 2010, the landlord sought a decree for eviction on the ground that the limited protection enjoyed by the heirs or the like of a tenant was not available beyond five years of the death of the original tenant in view of Section 2(g) of the said Act of 1997.
(3.) The defendants set up myriad grounds of defence but, thankfully, the appellant confines the challenge principally to the ground that a spouse of a deceased tenant is entitled to life-time protection from eviction in respect of premises let out for non-residential purpose under Section 2(g) of the said Act.;