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Civil Property & InheritanceSupreme Court of India

Rajiv Ghosh v. Satya Narayan Jaiswal

Special Leave Petition (Civil) · 2025 INSC 467Decided 7 Apr 2025
SLP(C) No.-009975-009975 - 2025 (Diary No. 8323 of 2025)
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

The respondent-landlord's regular tenant, Ranjan Ghosh, died in 2016. His son, the petitioner, continued residing in the rented premises and claimed a right to remain as an inherited statutory tenant. The landlord issued a notice stating that under Section 2(g) of the West Bengal Premises Tenancy Act, 1997, the son's inherited tenancy right lasted only five years from the original tenant's death, after which he ceased to be a lawful tenant. When the son failed to vacate or respond satisfactorily, the landlord filed an eviction suit, which the trial court decreed in the landlord's favour under Order XII Rule 6 of the Civil Procedure Code (judgment based on admissions), a decision upheld by the Calcutta High Court.

Decision Breakdown

The Supreme Court found no error in the High Court's approach, holding that the petitioner's own conduct, including having earlier filed applications under Sections 7(1) and 7(2) of the 1997 Act (provisions applicable only to tenants governed by that Act), contradicted his later argument that the Act did not apply to him at all. Since this argument was never raised before the trial court or the High Court, and the petitioner's admissions in his pleadings supported the landlord's case, the Court held the suit was rightly decreed on admissions without need for a full trial. The petition was dismissed and the eviction order upheld.

Lesson Learnt

Under the West Bengal Premises Tenancy Act, an inherited tenancy right for a deceased tenant's heir is time-limited (five years from death), and a litigant cannot switch legal positions midway: arguments not raised in the courts below, especially where a party's own prior conduct contradicts them, will not be entertained by the Supreme Court.

Rajiv Ghosh v. Satya Narayan Jaiswal – Legal Case Shots | LegalAware