Search Results Page
Search Results
1 - 7 of 7 (0.30 seconds)The West Bengal Government Premises (Tenancy Regulation) Act, 1976
The West Bengal Premises Tenancy Act, 1956.
United Bank Of India vs Official Liquidator on 6 October, 1993
In the case before us the property being in possession of Court, it is for the lessor to convince the Court that by virtue of the conduct of the tenant a right to eject such tenant has accrued in favour of lessor in terms of the lease-deed and in such a case if the Company Court is satisfied, it can allow the landlord to take recourse of appropriate proceeding under the Act thereby giving permission to the Official Liquidator to contest the proceeding; if it is satisfied that such determination has already been made in accordance with the provisions of law it can simply direct the Official Liquidator to hand over possession to the lessor, but no question of surrender of tenancy suo motu arises unless the terms of the tenancy is onerous as pointed out by the Apex Court in case of United Bank of India v. Official Liquidator and Ors.
The Transfer Of Property Act, 1882
The Government Grants Act, 1895
The State Of West Bengal & Anr vs M/S. Banalata Investment Pvt. Ltd. & Anr on 30 April, 2001
In the case of State of West Bengal and Anr. v. Banalata Investment Pvt. Ltd. and Anr. the question was if a property is purchased by the Government from the previous owner whether the tenancy of the tenant under the previous owners will be guided by the West Bengal Government Premises (Tenancy Regulation) Act, 1976. It was held that such tenancy will be governed by the said Act. In our view, the said decision cannot help Mr. Ahin Chowdhury's client in any way. The West Bengal Premises Tenancy Act has no application to a property owned by the Government as it appears from the provisions of the Act itself, and therefore, even if a tenancy is governed by the West Bengal Premises Tenancy Act, the moment the Government will purchase the property from the previous landlord, the tenanted premises would become a Government premises and the tenancy would be governed by the West Bengal Government Premises (Tenancy Regulation) Act, 1976.
1