Defination of tenant under West Bengal Premises Tenancy Act 1997
Under The West Bengal Premises Tenancy Act, 1997, the definition of a “tenant” is broad and inclusive, designed to cover both contractual tenants and certain classes of successors or occupants under specific conditions. The definition can be explained as follows:
1. Primary Definition of Tenant:
A tenant is:
- Any person by whom or on whose account or behalf the rent is payable for any premises.
- Even if there is no direct rent payment due to a special contract, such a person would be liable to pay rent.
This includes actual rent-payers and beneficial occupants.
2. Continuation After Termination:
- A person who continues to possess the premises after termination of tenancy also remains a “tenant” under this Act.
3. Heirs After Tenant’s Death (for 5 Years):
Upon the death of a tenant, the following family members are considered tenants for a maximum of 5 years from the date of death or the date of commencement of the Act (whichever is later), provided they:
- Were ordinarily living with the tenant up to the date of death;
- Were dependent on the tenant;
- Do not own or occupy any other residential premises.
These include:
- Spouse,
- Son,
- Daughter,
- Parent,
- Widow of the predeceased son.
Special Rule for Spouse:
The 5-year limitation does not apply to the spouse who meets the above conditions. They may continue beyond 5 years if they:Lived with the tenant,
Were dependent,
Do not own or occupy any other residential premises.
4. For Non-Residential Premises:
- In case of non-residential premises, the tenant’s:
- Spouse,
- Son,
- Daughter,
- Parent,
or a person authorised by the tenant who is in possession—
5. Exclusion from Definition:
A person is not a tenant under this Act if:
- A decree or eviction order has been passed against them by a competent court.
6. Right of Preference for Fresh Tenancy:
- The son, daughter, parent, or widow of the predeceased son (meeting earlier stated conditions) have a right of preference in obtaining a fresh tenancy agreement:
- Provided they pay fair rent.
- This applies equally to both residential and non-residential premises.
This definition was later modified by West Bengal Act 14 of 2002, effective 10 July 2001, which clarified and extended rights for dependents and authorised persons especially in non-residential tenancy contexts.
Version: July 2, 2025