Version: ย July 2, 2025
Protection of Tenant Against Eviction under the West Bengal Premises Tenancy Act, 1997 (Sections 6 and 7):
The West Bengal Premises Tenancy Act, 1997 provides a strong legal framework protecting tenants from arbitrary or unjust eviction. Below is a clear and structured explanation of the statutory protections afforded under Section 6 and Section 7 of the Act:
I. General Protection under Section 6:
Eviction Not Permissible Except Through Civil Suit:
- No tenant can be evicted except by a decree passed by a Civil Judge.
- The landlord must file a suit citing one or more legally valid grounds for eviction.
- Private eviction or eviction through any contractual clause or extrajudicial method is void.
Grounds on Which Landlord May Evict a Tenant:
- Unauthorised subletting or change of use without written consent.
- Default in rent: Non-payment for three months within twelve months, or three rental periods in three years (for non-monthly tenants).
- Building or rebuilding requirement which canโt be done without vacant possession.
- Personal requirement: Reasonable requirement by landlord or family if no suitable accommodation is available within 10 km.
- Notice to quit by tenant but failure to vacate.
- Breach of clauses (m), (o), or (p) of Section 108, Transfer of Property Act, 1882 (e.g., damage, wrongful user).
- Use for immoral or illegal purposes.
- Act of waste or negligence causing material damage.
- Nuisance or annoyance to neighbours.
- Acquisition or construction of alternative accommodation (residential only).
- Armed Forces landlord requirement with proper certification.
- Non-residence for 10 months, keeping the premises under lock and key by tenant or close dependents.
Restrictions on Eviction Suits:
- A new owner (transferee landlord) cannot file a suit on personal requirement or building purpose before 1 year from the date of acquisition.
- The court may allow partial eviction (if only part of premises is needed).
- One month’s prior notice is required before filing eviction suit (except under clause e).
- Moratorium of two years from commencement of the 1997 Act for suits where the 1956 Act applied but the new Act doesnโt.
II. Protection Against Eviction Due to Non-Payment (Section 7):
Opportunity to Pay Arrears:
- If an eviction suit is filed for non-payment of rent, the tenant may avoid eviction by:
- Paying or depositing all arrears of rent (as last paid), along with 10% interest,
- Within one month from receipt of summons or appearance in court.
Ongoing Payment Requirement:
- After initial deposit, the tenant must continue to pay or deposit rent monthly by 15th of each month.
Dispute Regarding Rent Amount:
- If tenant disputes the rent, they must:
- Deposit admitted rent,
- File an application for rent determination,
- Comply with the court’s order to pay the adjudicated amount within 1 month (extension up to 2 months allowed once only).
Consequences of Non-Compliance:
- Failure to pay/deposit the required rent within time:
- The court will strike off the tenantโs defence, and
- Proceed with the eviction hearing without defence on possession.
Protection Available Only Once:
- Relief under Section 7(4) (protection from eviction despite default) can be availed only once.
- If the tenant defaults again for 4 months in 12 months, or 3 successive rental periods (for non-monthly rent), no further relief will be granted.
The Act offers robust protection to tenants, ensuring eviction can only be secured through judicial process on specified grounds, and providing a second chance to defaulting tenants to retain their premises through prompt payment. However, this protection is not unlimited; repeated defaults or wrongful use of the property may lead to legitimate eviction.
