LAWS(CAL)-2021-9-30

SHYAMAL AUDDY Vs. ASIT KUMAR HALDAR

Decided On September 02, 2021
Shyamal Auddy Appellant
V/S
Asit Kumar Haldar Respondents

JUDGEMENT

(1.) Mr. Ghosal, learned advocate appears on behalf of appellants and submits, the trial and lower appellate Courts concurrently held against his clients for being evicted by applying sec. 2(g) in West Bengal Premises Tenancy Act, 1997.

(2.) He submits, his clients' father was original tenant. He died in year 1989, when the 1997 Act was not there. Their mother then became tenant. She died in year 2005. Under clause (h) in sec. 2 of West Bengal Premises Tenancy Act, 1956, his clients, having had resided with their father in the demise, inherited the tenancy alongwith their since deceased mother. A question of law arises on whether such heritable right could be taken away by operation of change in the law.

(3.) He submits further, another question of law arises.