Understanding eviction laws regulating tenancies in West Bengal is important for both landlords and tenants to protect their rights and responsibilities.
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Eviction Laws Regulating Tenancies in West Bengal
Understanding eviction laws regulating tenancies in West Bengal is important for both landlords and tenants to understand the different grounds for eviction. Eviction in Kolkata and West Bengal refers to the legal process of removing a tenant or occupant from a property by the property owner or landlord. It is typically initiated when the tenant breaches the terms of the lease agreement, fails to pay rent, engages in illegal activities on the premises, or when the owner needs the property for personal or familial use. An eviction suit in Kolkata can also be filed when a lease agreement expires, and the landlord chooses not to renew it.
Eviction, though often viewed as a last resort, remains an essential legal recourse for landlords facing untenable situations with tenants. In West Bengal, as in many other regions, the process of eviction follows a set of established procedures and regulations aimed at ensuring fairness and protecting the rights of both parties involved. Understanding the key features of an eviction suit in Kolkata and West Bengal is crucial for landlords navigating this legal terrain. An experienced property lawyer in Kolkata and West Bengal can be consulted for further advice in this regard.
Eviction suit in West Bengal can be filed under specific laws which guide tenancy in West Bengal. Tenancies and Licenses in Kolkata and West Bengal are regulated by specific laws. For example, licenses such as leave and license agreements for 11 months or less are guided under Section 52 of the Indian Easement Act, 1882.
For tenancies falling within the West Bengal Premises Tenancy Act, 1997, the Rent Controller can hear disputes and also decide fair rent. For all other tenancy agreements or long-term leases, the Transfer of Property Act, 1882 and its provisions will become applicable. Further, there is also the Commercial Courts Act, 2015, which defines commercial leases and such courts can hear eviction suits in West Bengal depending on the pecuniary jurisdiction of such disputes, as further discussed below.
Eviction Laws Regulating Tenancies and Licenses in Kolkata and West Bengal
As per the judiciary system of India, landlords can initiate eviction in Kolkata and West Bengal for various reasons. These include non-payment of rent, property damage, creating health or safety hazards, violating lease agreements, using the property for unlawful purposes, or when the owner requires the property for personal or familial use. The following different statutes regulate tenancies and licenses in Kolkata and West Bengal with specific provisions to bring eviction suits against such tenants or license holders.
1. The Indian Easements Act, 1882:
According to this Act, Section 52 defines license as something in which a person grants another, or a certain number of other persons, the right to do or continue to do in or on the grantor’s immovable property a lawful act, but as a mere permission to do something lawful on that property with no real transfer of ownership or rights over such property. Eviction-related disputes arising out of leave and license agreements in West Bengal have to be filed with the civil courts having jurisdiction over such property. However, depending on the monthly rental amount of such licenses, the West Bengal Premises Tenancy Act, 1997 may also be applicable as defined below.
2. West Bengal Premises Tenancy Act, 1997:
According to the West Bengal Premises Tenancy Act, 1997, the eviction of tenants can only be carried out under specific circumstances outlined in Section 6 of the Act. These circumstances include instances where the tenant has sublet the premises without the landlord’s consent, defaulted on rent payments for a specified period, or used the property for purposes other than those agreed upon.
Additionally, eviction in Kolkata and West Bengal may be sought if the landlord requires the premises for building, rebuilding, substantial alterations, or personal occupation, provided suitable alternative accommodation is not available. The Act also prohibits eviction on certain grounds, such as failure to reside in the premises or engaging in immoral or illegal activities. Furthermore, landlords are required to provide one month’s notice before initiating eviction proceedings, except in cases where the tenant has failed to vacate the premises after giving notice to quit.
The West Bengal Premises Tenancy Act, 1997 applies to properties let out for residential purposes in which the monthly rental amount is less than Rs. 6,500/- within Kolkata Municipal Corporation or Howrah Municipal Corporation area or less than Rs. 3,000/- for areas outside Kolkata Municipal Corporation and Howrah Municipal Corporation area as defined under Section 3(e) of the Act.
It is also applicable on properties let out for non-residential purposes in which the monthly rental amount is less than Rs. 10,000/- within Kolkata Municipal Corporation or Howrah Municipal Corporation area or less than Rs. 5,000/- for areas outside Kolkata Municipal Corporation and Howrah Municipal Corporation area as defined under Section 3(f) of the Act. For tenancies falling within the West Bengal Premises Tenancy Act 1997, the Rent Controller can hear disputes and also decide fair rent.
Once eviction proceedings are initiated, tenants are obligated to pay all arrears of rent, calculated up to the end of the previous month, along with interest. They must continue to pay rent monthly during the proceedings. In cases where there is a dispute over the amount of rent payable, tenants are required to deposit the admitted amount with the Controller, along with an application for rent determination. Failure to comply with payment requirements may result in the striking out of the tenant’s defence, allowing the proceedings to proceed. However, if tenants make the necessary deposits or payments as required by the Act, the Controller may not order the delivery of possession to the landlord.
Additionally, tenants may not be entitled to relief under certain circumstances, such as repeated defaults in rent payments within a specified period. Overall, the West Bengal Premises Tenancy Act, 1997, provides a comprehensive framework for the eviction of tenants, ensuring fairness and protection of both landlords’ and tenants’ rights. It is advised to seek help of an experienced property lawyer in Kolkata and West Bengal for better guidance in the matter of eviction in West Bengal and Kolkata.
Recently the West Bengal government has introduced a website http://solution.wb.gov.in/under the West Bengal Premises Tenancy Act, 1997 to which the tenants can file disputes or submit rent to the Rent Controller.
Case Law: In the case of Dilip Kumar Sinha v. Sanjoy Sinha, 2023 SCC OnLine Cal 3805, before the Calcutta High Court, a single-judge bench led by Ajoy Kumar Mukherjee, adjudicated on a second appeal contesting an eviction decree based on reasonable requirement. Despite the ground of building and rebuilding not being considered, the court upheld the eviction decree as valid.
The case stemmed from a suit filed in 1991, later amended to include grounds of rebuilding and reasonable requirements. Although the trial court initially dismissed the suit, it was reinstated on appeal, leading to the current second appeal. The appellant argued against the permissibility of the amendment and the respondent’s right to contest the issue of building and rebuilding. However, the court found the amendment valid and allowed the respondent’s contention under Order 41 Rule 22(1) of the Civil Procedure Code, 1908, ultimately dismissing the appeal.
3. Long Term Leases and Transfer of Property Act, 1882:
Section 106 of the Transfer of Property Act, 1882 delineates the procedures for terminating a lease and the creation and transfer of lease agreements for immovable property. If a written lease contract is absent, termination notice is subject to specific timeframes based on the purpose of the property usage. For agricultural or manufacturing purposes every year, the lessee must receive a 6-month notice. Conversely, for other purposes monthly, a 15-day notice is required. The notice period commences from the date of notification receipt by the lessee.
This section defines a lease as the transfer of the right to enjoy immovable property for a specified period, express or implied, in perpetuity, against a consideration paid or promised. A lease can be created either by the agreement of parties or by operation of law. In the former scenario, the lessor agrees to transfer the property’s enjoyment to the lessee for a specified period or perpetuity in exchange for rent or other valuable considerations.
Conversely, a lease by operation of law occurs when a person remains in possession of the property after the termination of the previous lease, with the consent of the lessor, termed as a “holdover tenancy.” This section also addresses conditions for the lessee’s transfer of the lease to a third party, emphasizing the requirement of lessor consent unless otherwise specified in the lease agreement.
Case Law: The Bombay High Court, in the case of Munnar Lavtan Yadav v. Ashok Dalvi, 2021 SCC OnLine Bom 6189, addressed the issue of eviction of a tenant under Section 106 of the Transfer of Property Act, 1882. The petitioner-landlord sought to evict the respondent-tenant for defaulting on rent payments. Despite repeated demands and a notice issued through the petitioner’s advocate, the respondent failed to pay arrears.
While the trial court found in favour of the petitioner, the appellate court reversed the decision, citing improper service of notice under Section 106. However, the High Court noted that the petitioner did attempt to serve notice through various means prescribed by the Act, including affixing it to the property. The appellate court’s failure to consider this evidence led to an erroneous reversal of the trial court’s decision. Consequently, the High Court directed the respondent to vacate the premises within two months from the date of the judgment.
4. Commercial Tenancy and Jurisdiction of Commercial Court:
As of now, according to the Commercial Courts Act, 2015, in the case of Commercial Courts at Siliguri, Asansol, Alipore, and Rajarhat, the specified pecuniary jurisdiction is for disputes involving an amount not less than rupees thirty lakh.
For Commercial Courts within the territorial jurisdiction of the City Civil Court at Calcutta, the jurisdiction is delineated as follows: (i) disputes with amounts not less than rupees three lakh and not more than rupees ten lakh exclusively, and (ii) disputes exceeding rupees ten lakh but not exceeding rupees one crore, to be handled concurrently with the Commercial Division of the High Court, Calcutta. Additionally, for the Commercial Division of the High Court, Calcutta, the jurisdiction extends to disputes involving amounts exceeding rupees ten lakh.
Case Law: In the case of STP Limited v. The State of West Bengal, F.M.A 1233 of 2022 the main issue revolved around the jurisdiction of the court in adjudicating a commercial dispute. The appellant challenged an order passed by the Learned Additional District Judge 1st Court, Howrah, which set aside an arbitral award. The appellant argued that the court acted illegally and failed to exercise its jurisdiction properly, contending that the dispute fell within the purview of the Commercial Courts Act, 2015.
The court, after examining relevant provisions of the Act, observed that the dispute indeed constituted a commercial dispute as defined under Section 2(1)(c) of the Act and should have been tried by a Commercial Court. Despite the constitution of a Commercial Court in Howrah, the matter was adjudicated by a regular court without jurisdiction over commercial disputes. Consequently, the court allowed the appeal, set aside the impugned order, and directed the transfer of the case to the Commercial Court at Rajarhat for re-hearing in accordance with the provisions of the Act, emphasizing expeditious disposal.
In the case of Maharshi Commerce Limited v. Rajiv Balani & Ors., November 10th, 2022 the main issue revolved around the determination of whether a suit for eviction and recovery of possession concerning a property utilized for commercial purposes constitutes a commercial dispute under the Commercial Courts Act, 2015 (CCA). The Defendant argued that since the premises in question were being used for business purposes, the suit should be transferred to a forum designated under the CCA. Conversely, the Plaintiff contended that there was no formal agreement specifically outlining the commercial nature of the lease.
The Court, after considering the submissions and examining the nature of the property and its usage, observed that the property was primarily commercial in nature and was being used for business activities. Consequently, the Court concluded that the dispute fell within the ambit of a commercial dispute as defined by the CCA. Accordingly, the High Court returned the suit to be presented before the appropriate court with jurisdiction to adjudicate commercial matters, thereby affirming the Defendant’s contention.
Eviction Laws Regulating Tenancies
In conclusion, it can be stated that understanding eviction and laws regulating tenancies and licenses in Kolkata and West Bengal is guided by several different statutes, Acts and regulations. The key to filing disputes arising out of such tenancies or licenses depends on the specifics of the agreements between the tenant and landlord. It is recommended to consult an experienced property lawyer who can help you traverse through these myriad rules and regulations guiding tenancies and licenses in Kolkata and West Bengal. For more details, contact here.