1995 (10) TMI 249 - SC - Indian Laws

Summary

Issues Involved:
1. Validity and interpretation of the lease deed.
2. Applicability of the West Bengal Premises Tenancy Act, 1956.
3. Heritability of the lease.
4. Definition and rights of a statutory tenant.
5. Contractual terms versus statutory protection.

Detailed Analysis:

1. Validity and Interpretation of the Lease Deed:
The lease deed dated 11.7.1966 contained a covenant that the lease was for the lifetime of the lessee and required the heirs, executors, administrators, representatives, and assigns of the lessee to yield up and deliver quiet, peaceful, and vacant possession of the demised premises within three months of the lessee's death. The lessee died on 16.12.1970, and his heirs did not deliver possession, leading to the filing of Suit No. 704 of 1971 for eviction. The High Court concluded that the lease was not heritable based on the lease deed's terms.

2. Applicability of the West Bengal Premises Tenancy Act, 1956:
The principal defense raised was that the lease fell under the category of a lease for less than five years by operation of statute and thus was governed by the West Bengal Premises Tenancy Act, 1956. The defendants argued they became monthly tenants under the plaintiffs by operation of law after the lessee's death. The High Court, however, determined that the lease was not heritable and that statutory protection under the Act was not available to the defendants.

3. Heritability of the Lease:
The High Court found that under the terms of the lease deed, the lease was not heritable, and the heirs were obligated to deliver possession within three months after the lessee's death. The statutory definition of a tenant under Section 2(h) of the Act did not apply to the defendants, as the lease explicitly made it non-heritable.

4. Definition and Rights of a Statutory Tenant:
Section 2(h) of the Act defines a tenant as including any person continuing in possession after the termination of his tenancy or, in the event of such person's death, such of his heirs as were ordinarily residing with him at the time of his death. The concept of a statutory tenant is central to rent control legislation, aimed at protecting tenants from eviction. The Supreme Court held that a statutory tenant has a heritable interest in the premises, as established in The Management of Orissa Transport Co. v. The Workmen AIR1976SC2229.

5. Contractual Terms versus Statutory Protection:
The statutory definition under Section 2(h) of the Act is not subject to any contract between the parties. It is a provision made in the public interest for the protection of tenants, which cannot be waived by the tenant nor can the parties contract themselves out of it. The Supreme Court emphasized that the period of lease need not be certain on the date of the lease; it is enough if it can be made certain on a future date. In the present case, the lease was for the lessee's lifetime, making the period certain upon the lessee's death.

Conclusion:
The Supreme Court concluded that the lease was not heritable and the appellants could not claim tenancy rights under the West Bengal Premises Tenancy Act, 1956. The lease deed's terms, which required the heirs to vacate the premises within three months of the lessee's death, prevailed. The appeal was dismissed, and the High Court's judgment was upheld, affirming that the statutory protection did not override the specific contractual terms of the lease deed.