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As pointed out earlier, the learned Single Judge, by the order impugned, directed the executor to hand over the legacy in respect of the said flat within specified time.

Mr. Mukherjee, the learned senior advocate appearing on behalf of the executor, has strenuously contended before us that in terms of the definition of "tenant" as provided in the West Bengal Premises Tenancy Act, 1997, on the death of a tenant the tenancy will devolve for a limited period upon the specified heirs mentioned therein and not on others. By referring to the said provision, Mr. Mukherjee contends that law, therefore, prohibits the bequeath of a tenancy right in favour of a third party as a tenancy right held by a person devolves in accordance with the provision of the West Bengal Premises Tenancy Act on particular heirs specified therein. According to Mr. Mukherjee, in view of the said provision of the Statute, if any bequest in respect of a tenancy is made, it should be presumed that the testator had no right over the said item of bequest at the time of his death by operation of law and as such, to pass a direction upon the executor to hand over the said tenancy to the grandson will amount to passing a direction upon the executor to deal with the property which is not the subject- matter of a lawful bequest. Mr. Mukherjee, therefore, prayed for setting aside of the order impugned and for declaration that the said tenancy is not the subject- matter of bequest and over which the executor has no right of dealing.

The moment a tenant governed by the aforesaid Act dies, his right in tenancy will devolve upon the persons as indicated in the definition of tenant given in Section 2(g) of the Act by operation of law. The framing of the definition of tenant in the Act is mandatory in nature as would appear from the initial phrase "tenant means" employed therein. We have already indicated that by a Will a right in a property can be conveyed only if the law of the land permits such disposition. In the case before us, the Act of 1997 has laid down the specific line of succession in favour of limited heirs of a tenant and that too, to a limited extent as indicated in Section 2(g) of the Act. Thus, a tenant by way of testamentary disposition cannot overcome the rigour of the provisions contained in Section 2(g) of the Act quoted above.