MANJU ALIAS MANJIN BANSAL Vs. ABEERA GOSWAMI

JUDGEMENT

(1.) These two appeals are of a tenant seeking to stretch the rent laws to obtain undue benefits by taking advantage of the court's delays.

(2.) The appellants are the heirs of the original tenant who died in or about the year 2009. In 2010 the suit was instituted for the eviction of the appellants on divers grounds. The appellants contended before the trial court that since the spouse of the original tenant had not been served any notice under Section 6 of the West Bengal Premises Tenancy Act, 1997, the suit was incurably bad. The trial court agreed and dismissed the suit. The present second appeal arises out of the reversal of such order of dismissal by the lower appellate court.

(3.) It may bear repetition that the original tenant died in the year 2009. By virtue of Section 2(g) of the Act of 1997, the protection enjoyed by the spouse is life-long, as long as the spouse does not have an alternative place and was ordinarily residing with the original tenant till the death of the original tenant. Under Section 2(g) of the said Act, there is no protection available to the other heirs or legal representatives of a deceased tenant after the expiry of five years from the date of the death of the tenant if such date of death is after the Act of 1997 came into effect. The Act of 1997 came into effect in July, 2001.