Incomplete rent payment no shield against eviction: Calcutta High Court

MP, Apr 27, 2026, Kolkata :  Drawing a strict line on tenant obligations, the Calcutta High Court has ruled that incomplete or delayed payment of arrears cannot shield a tenant from eviction under tenancy law.

Delivering the judgment, Justice Ajoy Kumar Mukherjee upheld an eviction decree against a company tenant occupying premises at 173 AJC Bose Road, holding that failure to deposit the full arrears within the statutory time amounted to default in the eyes of the law.

The tenancy traced back to a 1947 lease at a monthly rent of Rs 790. The landlords, representing a religious trust along with co-sharers, had sought eviction alleging non-payment of rent since July 1990 and a requirement to rebuild the property to augment income.

The tenant contested the claim, stating that rent had been deposited in court for decades under earlier judicial orders and that it had paid over Rs 7.6 lakh towards municipal taxes on behalf of the landlords.

The court noted that although an earlier order allowed adjustment of Rs 85,000 from the tax amount and protected the tenant from being treated as a defaulter till March 2005, the tenant failed to deposit the remaining arrears within the time directed.

It held that such failure amounted to statutory default, and protection from eviction is available only upon strict compliance with deposit requirements.

On the issue of rebuilding, the court disagreed with the lower appellate court and restored the trial court’s findings. It held that the landlords failed to establish a genuine need for redevelopment, observing that a mere intention to increase income is not sufficient.

The court also pointed to a lack of evidence on income, the absence of necessary approvals, and complications arising from the trust nature of the property.

While upholding eviction solely on the ground of rent default, the court set aside the decree granted on the grounds of building and rebuilding.

The appeal was accordingly disposed of.