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The contention of the appellant-plaintiffs in the Trial Court was that the appellant-plaintiffs were never aware of the death of Mr. Carvallo and it was only in November, 2015 that it had come to their notice that the respondent- defendant was occupying the suit premises claiming she was the legal heir of Carvallo.

The learned Trial Judge on consideration of the evidence as well as interpretation of Section 2(g) of the West Bengal Premises Tenancy Act, 1997 concluded that since tenancy had devolved upon the tenant prior to 10th July, 2001, when Section 2(g) of the West Bengal Premises Tenancy Act, 1997, came into force, the tenancy should be governed by the provisions of the West Bengal Premises Tenancy Act, 1956 and not under the 1997 Act.

A new rent control Act known as the Karnataka Rent Act, 1999 (hereinafter referred to as the "1999 Act") came into force with effect from 31st December, 2001. Section 5(1) of the 1991 Act reads as under:

"Inheritability of tenancy. - (1) In the event of death of a tenant, the right of tenancy shall devolve for a period of five years from the date of his death to his successors in the following order, namely:-

(a) spouse;

(b) son or daughter or where there are both son and daughter both of them;

(c) parents;

(d) daughter-in-law, being the widow of his pre-deceased son:

Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family up to the date of his death and was dependent on the deceased tenant:

Provided further that a right to tenancy shall not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a premises in the local area in relation to the premises let."