SABYASACHI BHATTACHARYYA,J. - (1.) The grievance of the defendants in a suit for declaration of tenancy right and consequential injunction protecting the possession of the plaintiffs/opposite party nos. 1 to 3, is that the appellate court affirmed the order of status quo granted by the trial court despite the admitted position being that the suit premises was demolished in the meantime.
(2.) It is argued on behalf of the petitioners that the opposite party nos. 1 to 3 have no semblance of tenancy right in respect of the suit property in view of the averments made in the plaint, read in conjunction with the provision of Section 2(g) of the West Bengal Premises Tenancy Act, 1997. The original tenant died admittedly sometime in the year 2011. Thereafter, five years having elapsed, all other heirs of such original tenant, in any event, lost their right of tenancy by virtue of the provision, as aforesaid.
(3.) Even if the wife of the deceased could have retained her tenancy beyond five years from the death of the original tenant as per the said provision, such right was given a go bye in view of the averments made in paragraph - 4 of the plaint to the effect that the predecessor-in-interest of the present plaintiffs constructed a house by the side of the suit property, where the original tenant shifted in his dying months.;