Supreme Court of India
Kumar Jagdish Chandra Sinha and Ors. v. Mrs. Eileen K. Patricia Drozarie
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What the Court ordered
Before parting with this judgment we would like to keep an record that our reference to and reliance upon Anand Nivas (P) Ltd's case was for the limited purpose of interpreting Section 2 (h) of the West Bengal Premises · Tenancy Act, 1956 for, the principle enunciated therein relating to inheritance of 'statutory tenancy' stands overruled by a Bench of five D learned Judges in Gian Devi v.
Judgment, page 8
From the headnote
Jlfest Bengal Premises Tenancy ;4.ct, 1956-Section 2 (h)-Contractual Tenant-All heirs of such a tenant, on his death, inherit the tenancy-Claim of daughter of deceased tenant to be 'tenant u!s 2 (h) -Allowed-Question as to whether the heir was ordinarily residing with such a tenant at the time of his death not relevant. INTERPRETATION OF STATUTES-Statement of Objects and Reasons-Use of One S was a tenant under the appellants in respect of a flat. Her 0- tenancy was governed by the West Bengal Premises Tenancy Act, 1956. After her death, respondent, claiming to be her daughter had entered into
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