NASIMA NAQI versus TODI TEA COMPANY LTD. AND ORS

NASIMA NAQI versus TODI TEA COMPANY LTD. AND ORS

The spouse of a deceased tenant is not entitled to protection from eviction in respect of non-residential premises beyond five years from the tenant's death, nor to a right of preference for a fresh agreement, as the second proviso to Section 2(g) excludes spouses for non-residential premises. Judicial correction is not possible; amendment is needed.

Parties
Appellant: Nasima Naqi; Respondents: Todi Tea Company Ltd. and Ors
Jurisdiction
India
Judgment Date
26 November 2019
Procedural Posture
Civil Appeal / Disposal of Appeal After Judgment of High Court
Outcome
Appeal disposed of; decree for eviction upheld
Legal Topics
Eviction, Succession of Tenancy Rights, Interpretation of Statutory Provisions, Casus Omissus
Tenancy Law Eviction Succession of Tenancy Rights Interpretation of Statutory Provisions Casus Omissus

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Parties

Nasima Naqi

Appellant

Todi Tea Company Ltd. and Ors

Respondents

Procedural Posture

Civil Appeal / Disposal of Appeal After Judgment of High Court

Legal Issues

  1. 1 Whether the spouse of a deceased original tenant is entitled to life-time protection from eviction in respect of premises let out for non-residential purpose
  2. 2 Whether such spouse has a right to have a fresh agreement executed in such spouse’s favour, on condition of payment of fair rent, in respect of the premises let out for non-residential purpose

Ratio Decidendi

The spouse of a deceased tenant is not entitled to protection from eviction in respect of non-residential premises beyond five years from the tenant's death, nor to a right of preference for a fresh agreement, as the second proviso to Section 2(g) excludes spouses for non-residential premises. Judicial correction is not possible; amendment is needed.

Court Disposition

Appeal disposed of; decree for eviction upheld

Orders

  • Time granted to appellant to vacate premises until 30 June 2020, subject to filing of usual undertaking in the Registry of the Supreme Court within four weeks, failing which decree executable forthwith.
  • Copy of judgment to be forwarded to Chief Secretary of West Bengal.