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Interpretation of Section 2(h) of the West Bengal Premises Tenancy Act, 1956 regarding inheritance of tenancy by heirs of a deceased tenant. Analysis: The case involved a dispute over the inheritance of a tenancy under the West Bengal Premises Tenancy Act, 1956. The appellants alleged that the respondent, claiming to be the daughter of the deceased tenant, was a rank trespasser and sought recovery of the flat. The trial court ruled in favor of the appellants, but the High Court overturned this decision. The Supreme Court focused on determining whether the respondent, as the daughter of the deceased tenant, could claim herself to be a tenant under Section 2(h) of the Act. The appellants argued that only heirs residing with the tenant at the time of their death could succeed as tenants, excluding all heirs. They contended that the respondent was not residing with the deceased tenant, thus not entitled to inherit the tenancy. Conversely, the respondent's counsel argued that heritability of tenancy rights extended to all heirs, not just those residing with the tenant. They also maintained that the High Court's finding on the respondent's residence with her mother was a factual determination based on evidence. The Supreme Court referred to the original Section 2(h) of the Act, distinguishing between contractual tenants and statutory tenants. It highlighted the distinction that contractual tenants had an estate or interest in the tenancy, allowing all heirs to succeed, while statutory tenants had a personal right not transferable to all heirs. The Court then analyzed the 1965 amendment to Section 2(h), which included heirs residing with the tenant at the time of death as tenants. The purpose of the amendment was to protect the rights of statutory tenants and their residing heirs. The Court concluded that the respondent, being the daughter of a contractual tenant, inherited the tenancy as her heir, irrespective of her residence with her mother. It emphasized that the amendment aimed to safeguard the rights of heirs residing with the tenant at the time of death. The judgment clarified that the respondent's inheritance of the tenancy was not contingent on her residence with the deceased tenant. The Court dismissed the appeal, upholding the High Court's decision in favor of the respondent. Additionally, it noted the limited application of a previous case law on statutory tenancy inheritance, which had been overruled in a subsequent judgment.
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