In Brief
Four commercial properties in Dalhousie, Kolkata, were leased under lease deeds executed in 1991–1992. The tenant defaulted on rent from 2002 onwards. The landlord initiated eviction proceedings under the Transfer of Property Act, 1882, but the High Court dismissed the suits, holding the tenant was governed by the West Bengal Tenancy Act, 1997. During the pendency of special leave petitions, the Court directed the tenant to deposit ₹5.15 crore as mesne profits/occupational charges at market rate (₹41 per sq.ft), finding the tenant liable even without a final eviction decree, based on continued unlawful possession after lease determination.
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