In Brief
This appeal examined the rights of a deceased tenant's spouse to continue occupying a non-residential shop under the West Bengal Premises Tenancy Act 1997. The original tenant died in 2002, leaving the appellant spouse and two sons. The landlord sought eviction after the tenant's heirs failed to pay enhanced rent. The Supreme Court affirmed that the spouse has no lifelong protection and no right to a fresh tenancy agreement for non-residential premises, as the legislature inadvertently omitted spouses from protective provisions. The Court acknowledged this omission as unjustifiable but held it could not be corrected by judicial interpretation—only legislative amendment could remedy this gap.
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