VidhiSangh

Supreme Court of India · 26/11/2019

NASIMA NAQI versus TODI TEA COMPANY LTD. AND ORS

[2019] 17 S.C.R. 1048 · 2019 INSC 1284

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Summary

The widow of a tenant challenged eviction from a non-residential shop, claiming continuing statutory protection and preference for a fresh tenancy. The Supreme Court upheld the interpretation that the five-year exception for spouses concerned residential premises and that the fresh-tenancy preference omitted spouses. Although it regarded that omission as discriminatory and deserving legislative correction, it declined to insert the missing class judicially. Eviction was maintained with time to vacate.

Issues

  1. Whether a deceased tenant’s spouse enjoyed continuing protection in non-residential premises.
  2. Whether the statutory preference for a fresh tenancy could judicially be extended to the spouse.

Provisions considered

Held

Result

Appeal disposed of without costs, maintaining eviction. Time to vacate was granted until 30 June 2020 subject to filing the usual undertaking within four weeks; otherwise the decree became executable forthwith. A copy was directed to the Chief Secretary of West Bengal for attention to the legislative omission.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 1048.