Heritable contractual tenancy: residence-based restriction under the tenancy law applies only to statutory tenants.

A contractual tenant's tenancy is heritable and, absent a contrary statutory restriction, devolves on all heirs. The amended definition in Section 2(h) of the West Bengal Premises Tenancy Act, 1956, when read with the legislative background, was intended to confine the "ordinarily residing" limitation to heirs of a statutory tenant continuing in possession after termination. Applying that limitation to a contractual tenant would improperly cut down the inheritable nature of contractual tenancy. Accordingly, the restriction applies only to statutory tenancy, and the respondent, as heir of the deceased contractual tenant, succeeded to the tenancy.

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Issues: Whether, on the death of a contractual tenant under Section 2(h) of the West Bengal Premises Tenancy Act, 1956, the tenancy devolves on all heirs and whether the restriction to heirs ordinarily residing with the tenant at the time of death applies only to a statutory tenant.

Analysis: A contractual tenant has an estate or interest in the tenancy, and in the absence of a contrary statutory provision, the tenancy devolves on all heirs. The amended definition in Section 2(h), read with the Statement of Objects and Reasons and the legislative background following the earlier decision on statutory tenancy, shows that the added words concerning heirs ordinarily residing with the deceased were intended to protect the heirs of a statutory tenant continuing in possession after termination of the tenancy. Reading those words as applicable to a contractual tenant would wrongly curtail the heritable incidence of contractual tenancy and defeat the purpose of the amendment.

Conclusion: The limitation to heirs ordinarily residing with the deceased applies only to the heirs of a statutory tenant, not to a contractual tenant. The respondent, as heir of the deceased contractual tenant, inherited the tenancy.

Final Conclusion: The appeal failed because the respondent was entitled to succeed to the tenancy, and the finding on ordinary residence became unnecessary.

Ratio Decidendi: Under Section 2(h) of the West Bengal Premises Tenancy Act, 1956, the succession limitation to heirs ordinarily residing with the deceased tenant applies to heirs of a statutory tenant continuing in possession after termination, while a contractual tenant's tenancy devolves on all heirs unless the statute provides otherwise.

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