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Judgment
18 paragraphs · 244 wordsI,"July 10, 2002","The West Bengal Premises Tenancy Act, 1997 came
into force.
II,"June 16, 2005","The original tenant, namely, Parab Kumari Boyed died,
leaving behind her husband and four sons (including
the defendant/petitioner).
III,2009,"Husband of Parab Kumari died, leaving behind his four
sons.
IV,"June 15, 2010","Five years’ period, after death of Parab Kumari,
expired.
V,"August 5, 2010",Ejectment Suit No. 79 of 2010 filed.
only the petitioner and his father had became tenants on the death of Parab Kumari in respect of the suit premises.,,
As a necessary corollary, within the contemplation of Section 2(g) of the 1997 Act, the tenancy of the defendant was extinguished upon the expiry",,
of five years from the death of Parab Kumari, that is, on and from June 16, 2010. The father of the defendant died prior to that, as such erasing out",,
the question of extension of the father’s tenancy. Hence, upon a consideration of the entire materials on record, it is found that the Trial Court",,
was justified and acted within its jurisdiction to arrive at a finding that the defendant/petitioner’s tenancy extinguished upon expiry of five years,,
from the death of Parab Kumari, and consequentially dismissed the application filed by the defendant/petitioner under Section 7 (2) of the 1997 Act.",,
Hence, the impugned order does not deserve to be interfered with under Article 227 of the Constitution of India.",,
Accordingly, C.O. No. 1850 of 2017 is dismissed on contest, without any order as to costs.",,