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Calcutta High Court: financial dependence needed for tenancy claim
The Calcutta High Court has ruled that a person claiming tenancy as a 'dependent' under the West Bengal Premises Tenancy Act must prove financial dependence, not just psychological or emotional reliance. A…
The Calcutta High Court has ruled that a person claiming tenancy as a 'dependent' under the West Bengal Premises Tenancy Act must prove financial dependence, not just psychological or emotional reliance. A division bench of Justices Sabyasachi Bhattacharyya and Sandip Kumar De dismissed an appeal by Ashok Jaiswal, who sought to retain a property tenanted by his deceased wife Madhuri Jaiswal. The court said the term 'dependent' in Section 2(g) of the 1997 Act cannot be stretched beyond financial support.
The bench noted Jaiswal admitted in cross-examination that he runs a business, failing to show financial dependence on his wife. It also found his documents listed a different address and that he produced no proof of residing at the suit premises during her lifetime. The court rejected the argument that 'ordinarily resided' does not require permanence, saying occasional stays are not enough. The eviction decree passed by the City Civil Court, Calcutta was upheld.
Indian Opinion Analysis
Section 2(g) of the 1997 Act defines a tenant to include any person residing with the deceased tenant who was dependent on them at the time of death. This ruling tightens that definition by excluding emotional or psychological dependency, making financial evidence decisive. In a state like West Bengal, where rent control laws give tenants strong protections, landlords often face years of litigation to reclaim property. The Calcutta High Court has now made it harder for a relative to claim tenancy merely by living with the deceased. The City Civil Court's eviction decree stands, and the appellant's only remaining option is a challenge before the Supreme Court. The legal position that Aadhaar cards or rent receipts do not alone prove residence will affect future tenancy disputes across West Bengal.
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
